Jamaica Savings Bank v. Sutton

In an action to foreclose a mortgage on *857real property, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 6, 1973, which granted respondents’ motion to vacate their default in answering the complaint and granted them leave to serve an answer. Order reversed, on the law, with $20 costs and disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant respondents’ motion since the record in this ease discloses that no tender by them of the amount due and payable on the mortgage was ever made. Bather, they made only an…