New Island Investors v. Wynne

—In an action to foreclose a mortgage, the plaintiffs Robert C. Hatfield and Esther Hatfield appeal, by permission, from an order of the Supreme Court, Queens County (Posner, J.), dated November 27, 1996, which directed a hearing on the issues of whether the defendant Myrtle Wynne was served with the summons and complaint, and whether attorney Erlich A. Eastman had authority to appear on her behalf.

Ordered that the order is affirmed, with costs.

Contrary to the appellants’ contention, the Supreme Court properly directed a hearing to resolve the issue of whether the defendant Myrtle Wynne was…