New York State Mortgage Loan Enforcement & Administration Corp. v. New Colony Camp Houses, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that service upon the Secretary of State on behalf of the general partners was sufficient to obtain personal jurisdiction over the limited partnership (CPLR 311 [1]; Business Corporation Law § 304 [a]). We find no basis on this record to support a finding of misconduct on the part of plaintiffs to justify the vacating of the default.

The foreclosure sale, however, should have been rescinded. No judgment of foreclosure was ever entered and…