Vacation Village Homeowners' Ass'n v. Mordkofsky

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Graffeo, J.), entered November 5, 1997 in Sullivan County, which, inter alia, ordered the foreclosure and sale of defendants’ property.

Plaintiff moved in the foreclosure action to recover from defendants unpaid annual assessments due it under a “Declaration of Covenants” entered into by the parties. Summary judgment was granted to plaintiff on January 21, 1997 by Supreme Court (Bradley, J.) and a Referee was appointed to compute the amount owed. Defendants’ appeal of this order was dismissed by this Court for failure to prosecute.

Defen…