Legal Opinion

Ninth Federal Savings & Loan Ass'n v. Yelder

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

Decided January 28, 1985PublishedCited by 8 opinions

1Opinion of the Court

— In an action to foreclose a mortgage, defendants appeal from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), dated August 18, 1983, as upon granting reargument of their motion to vacate a judgment of foreclosure and to set aside the sale of property, adhered to the original determination denying the motion.

Order affirmed insofar as appealed from, without costs or disbursements.

Special Term correctly determined that defendants failed to raise an issue of fact as to service of the summons and complaint so as to warrant a hearing on their motion (see Green Point…

2Cases cited2 opinions

  1. Green Point Savings Bank v. TaylorAppellate Division of the Supreme Court of the State of New York · 1983
  2. Hurley v. ReouxAppellate Division of the Supreme Court of the State of New York · 1968

3Cited by8 opinions

  1. Old Republic Insurance v. Pacific Financial Services of America, Inc.Court of Appeals for the Second Circuit · 2002
  2. NYCTL 1997-1 Trust v. NillasAppellate Division of the Supreme Court of the State of New York · 2001
  3. Old Republic Insurance Company v. Pacific Financial Services Of America, Inc.Court of Appeals for the First Circuit · 2002
  4. European American Bank v. AbramoffAppellate Division of the Supreme Court of the State of New York · 1994
  5. First Nationwide Bank v. GalanoAppellate Division of the Supreme Court of the State of New York · 1996

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