Bowery Savings Bank v. Harbert Offset Corp.

—In an action to foreclose a mortgage, the defendant Bonnie Gerard Cohen appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated June 27, 1990, which denied her motion to vacate a judgment of foreclosure and sale entered against her upon her default in appearing.

Ordered that the order is affirmed, with one bill of costs.

*646The appellant argues that she was a "necessary defendant” under RPAPL 1311 (1) by virtue of her being a tenant in possession of the property subject to the foreclosed mortgage. According to the appellant, as a result of improper service of process there…