New York Guardian Mortgagee Corp. v. Rodriguez

— In an action to foreclose a mortgage, the defendant mortgagors appeal from an order of the Supreme Court, Suffolk County (Orgera, J.), dated January 5, 1987, which denied their motion to set aside a foreclosure sale and order a resale.

Ordered that the order is reversed, on the law and on the facts, with costs, and the case is remitted to the Supreme Court, Suffolk County, for a hearing consistent herewith.

A foreclosure sale of the appellants’ home, which was scheduled for September 19, 1986, was adjourned when the appellants were able to tender checks sufficient to satisfy the foreclosure…