First Union Mortgage Corp. v. Silverman

In an action to foreclose upon real property, the defendant Howard Silverman appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 10, 1996, which denied his motion, inter alia, to vacate a judgment of foreclosure and sale entered upon his default in appearing.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether proper service was made upon the appellant in accordance with the requirements of CPLR 308 (4).

The Supreme Court erred in failing to hold a…