366 Fourth Street Corp. v. Foxfire Enterprises, Inc.

In an action to foreclose a mortgage and for the appointment of a receiver with regard to a certain parcel of real property, the defendant Foxfire Enterprises, Inc. (hereinafter Foxfire) appeals from an order of the Supreme Court, Kings County (Held, J.), entered August 4, 1987, which, upon Foxfire’s default, (1) granted the plaintiff’s motion to appoint a Referee to compute the amount due on the mortgage, and (2) denied Foxfire’s cross motion to deem its answer and counterclaim served nunc pro tunc.

Ordered that the appeal is dismissed, with costs.

The record reveals that the defendant Foxfire…