Apple Bank for Savings v. Fort Tryon Apartments Corp.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered October 4, 2006, which, to the extent appealed from, denied plaintiff’s motion to vacate a judgment entered on *498default, unanimously reversed, on the law, with costs, the default judgment vacated, and the matter remanded and restored for disposition of this postjudgment application, on due notice to all parties, including plaintiff Apple Bank, individually, and its attorneys, for a hearing on the merits to ascertain the amount of what fees, if any, the Receiver is entitled to pursuant to CPLR 8004.

Plaintiff bank, which…