Legal Opinion

Tremont Federal Savings & Loan Ass'n v. Ndanusa

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 1988PublishedCited by 15 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Mohammed K. Ndanusa and Carol A. Tracey appeal from an order of the Supreme Court, Westchester County (Marbach, J.) dated April 23, 1987, which denied their motion to vacate a default judgment dated June 4, 1986, and to set aside the foreclosure sale.

Ordered that the order is affirmed, with one bill of costs payable to the plaintiff-respondent and the nonparty respondent.

We disagree with the appellants’ contention that the order of publication was improperly issued. For a court to issue an *661order of publication under CPLR 308 (5) on the…

2Cases cited4 opinions

  1. Dobkin v. ChapmanNew York Court of Appeals · 1968
  2. Paul Conte Cadillac, Inc. v. C.A.R.S. Purchasing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Saulo v. NoumiAppellate Division of the Supreme Court of the State of New York · 1986
  4. Salesi v. NievesAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by15 opinions

  1. Astrologo v. SerraAppellate Division of the Supreme Court of the State of New York · 1997
  2. Kelly v. LewisAppellate Division of the Supreme Court of the State of New York · 1995
  3. Franklin v. WinardAppellate Division of the Supreme Court of the State of New York · 1993
  4. Esposito v. RuggerioAppellate Division of the Supreme Court of the State of New York · 1993
  5. Hollow v. HollowNew York Supreme Court · 2002

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