Kirschenbaum v. Rubin

The motion here made is for an order vacating and setting aside judgment of foreclosure and sale made on July 24, 1926, on the ground that notice of said application was not properly served upon the defendant or her attorney, etc. The,error urged is as follows: That on July 19, 1926, the attorney for the defendant received through the mails a paper from the attorney for the plaintiff, purporting to be a notice of motion for judgment herein, which contained no return day of said motion, that part of the notice reading, “ On the [blank] day of July, 1926, at 10 o’clock in the forenoon of that…