East River Savings Bank v. Curtis

—Order unanimously affirmed without costs. Memorandum: Mundaca Investment Corporation (defendant), a subordinate mortgagee on property sold in foreclosure, contends that Supreme Court erred in denying its motion to vacate the sale on the ground that plaintiff, the senior mortgagee, failed to notify defendant of the sale as required by law (see, Shaw v Russell, 95 AD2d 977, affd 60 *1000NY2d 922). We disagree. Plaintiff submitted an affidavit of service by its attorney’s secretary, who asserted that she mailed the notice of sale to defendant’s attorney on June 23, 1995, more than a month before the…