Colony Mortgage Bankers v. Mercado

OPINION OF THE COURT

Joan B. Lefkowitz, J.

Plaintiff, the purchaser of the residential premises at a foreclosure sale, moves for a writ of assistance (RPAPL 221). Defendant Kingsford cross-moves to vacate the judgment for failure to properly serve him with process.

Plaintiff served a 10-day notice to quit upon the occupants of the premises along with a certified copy of the deed by personal service upon defendant Mercado and substituted service under CPLR 308 (2) (see RPAPL 735 [1]) on the other occupants. Defendant Kingsford contends that the certified copy of the deed was not exhibited to him…