Dime Savings Bank of New York, FSB v. Halo

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Stolarik, J.), entered August 18, 1992 in Rockland County, which granted a motion by defendant Timothy C. Halo for a default judgment on his counterclaims.

In this mortgage foreclosure action, defendant Timothy C. Halo (hereinafter defendant) sought leave to amend his answer to add a counterclaim alleging plaintiffs conversion of personal property from the mortgaged premises. Supreme Court granted defendant’s application by order dated March 3, 1992 which, among other…