RKH Holding Corp. v. 207 Second Ave. Realty Corp.

—Order, Supreme Court, *255New York County (Diane Lebedeff, J.), entered November 9, 1994, which, inter alia, denied Janet Chang’s motion to intervene in a foreclosure action and to vacate the granting of a judgment of foreclosure on default, unanimously affirmed, without costs.

In denying vacatur for failure to demonstrate a meritorious defense to the foreclosure action, the motion court correctly found that the proposed intervenor had not refuted the mortgagee’s assertion that it was not on notice of the shareholder derivative action involving the corporate mortgagor because the lis pendens in…