Notey v. Darien Construction Corp.

In an action to foreclose a second mortgage, defendant Darien Construction Corp. appeals from an order of the Supreme Court, Nassau County, dated August 13, 1975, which denied its motion to vacate and set aside (1) a referee’s deed of sale, (2) a referee’s sale and (3) the deficiency judgment entered in the action. Order reversed, on the law and in the exercise of discretion in the interest of justice, without costs or *874disbursements, the motion is treated as one to vacate and set aside the foreclosure sale, and for a resale upon terms, and, as such, is granted on condition that defendant…