Christ-Mitch Realty Corp. v. Clarkson Realty Corp.

— In an action to foreclose a mortgage, the defendant Clarkson Realty Corporation appeals from an order of the Supreme Court, Kings County (Hurowitz, J.), dated April 16, 1986, which denied its motion, inter alia, to vacate a default judgment of foreclosure and to stay the foreclosure sale.

Order affirmed, with costs, and the provision in this court’s order dated May 9, 1986, enjoining the Referee from delivering the deed to the property, is hereby vacated.

This action was commenced in January 1984 due to a default on mortgage payments since July 1983. The appellant was served by delivery of a…