Legal Opinion
R. L. C. Investors, Inc. v. Zabski
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1985PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously reversed, on the law and in the interest of justice, with costs to appellants, and appellants’ motion granted. Memorandum: In this mortgage foreclosure action, Special Term erred in denying the motion of defendant Conway, obligor on the mortgage jointly with defendant Zabski, to reopen or vacate the default and set aside the foreclosure sale of the property to plaintiff, the mortgagee. Although plaintiff performed the mailing and delivery requirements for service on defendant Conway under CPLR 308 (2), it did not complete service by filing until the default judgment had…
2Cases cited5 opinions
- Reporter Co. v. TomickiAppellate Division of the Supreme Court of the State of New York · 1978
- In re KatzAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of KatzNew York Court of Appeals · 1982
- Marazita v. NelbachAppellate Division of the Supreme Court of the State of New York · 1982
- Jones v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Firemen's Fund Insurance v. DietzAppellate Division of the Supreme Court of the State of New York · 1985
- Rosato v. RicciardiAppellate Division of the Supreme Court of the State of New York · 1991
- Crossland Savings, FSB v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1995
- Dunn v. BurnsAppellate Division of the Supreme Court of the State of New York · 2007
- Batavia City Ctr. Merchants Assn., Inc. v. City of BataviaAppellate Division of the Supreme Court of the State of New York · 2019