Empbanque Capital Corp. v. Geathers

—Order, Supreme Court, New York County (Anne Targum, J.), entered December 19, 1994, which denied defendant’s motion to permanently enjoin and restrain plaintiff from seeking a writ *239of assistance and to vacate a foreclosure sale, unanimously reversed, on the law and the facts, and in the exercise of discretion, and the matter is remanded for a hearing, with costs.

In this mortgage foreclosure action, the defendant-mortgagor moved by order to show cause to vacate the judgment of foreclosure and sale entered in Supreme Court, Bronx County (Florio, J.), on or about August 24, 1992 and to enjoin…