Cadlerock Joint Venture, L.P. v. McHugh

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 16, 2002, which, in a mortgage foreclosure action, granted defendants’ motion to vacate the deficiency judgment entered against them, unanimously affirmed, without costs.

Although the order on appeal states that the IAS court found that plaintiffs service of its motion for a deficiency judgment was “defective,” the clear import of the IAS court’s decision, made after a traverse hearing, is that neither defendant obtained any kind of notice of such motion within the 90-day period, commencing with delivery of the referee’s…