Dime Savings Bank of New York, FSB v. Higner

—Order unanimously reversed on the law without costs, motion granted and default judgment and foreclosure sale vacated. Memorandum: County Court erred in denying the motion of David N. Higner (defendant) to vacate the default judgment of foreclosure and the foreclosure sale of property located at 181 Glenhaven Road in the Town of Amherst. After being served with the summons and complaint in the foreclosure action, defendant attempted to reach his attorney by telephone. When he was unable to do so, he wrote a letter to plaintiff’s attorney, denying the validity of plaintiff’s claim and setting…