Cari v. Pastore

Appeal from an order of the Supreme Court (Cobb, J.), entered July 20, 1987 in Greene County, which, upon granting defendants’ motion for reargument, adhered to its prior decision denying defendants’ motion to vacate a default judgment.

Defendants purchased a parcel of real property from plaintiff, who retained a mortgage given by defendants. Thereafter, because of a dispute regarding the condition of the property, defendants’ attorney advised plaintiff that further mortgage payments were being withheld and placed in an escrow account pending resolution of the dispute. Plaintiff commenced a…