The real property owned by the parties as tenants in common was sold by a court-appointed Referee at public auction in accordance with the clear terms of an interlocutory judgment of partition and sale previously reviewed and affirmed by this Court ( 184 A.D.2d 294, appeal dismissed 80 N.Y.2d 972). There is no merit to the claim that the Referee improperly rejected her bid without considering additional funds to be made available to her. In the absence of oppressive or unfair conduct, a judicial sale otherwise properly conducted should not be set aside (Guardian Loan Co. v Early, 47 N.Y.2d 515, 520-521). There was no such conduct in this sale.
Concur — Murphy, P.J., Carro, Ellerin and Nardelli, JJ.