Priester v. Sigmond

Appeal from an order of the County Court, entered March 5, 1975 in Saratoga County, which denied the application of the defendants to vacate and set aside a judgment of foreclosure and sale. The action was brought by the plaintiff to foreclose a purchase money mortgage and to reform the deed so as to decrease the size of the demised premises. Following the service of an answer, plaintiff’s motion for summary judgment was entered by default on November 4, 1974 when the defendants failed to appear in opposition to the motion. Defendants have not fulfilled the requirement of CPLR 5015 (subd [a],…