Bank of America National Trust & Savings Ass'n v. Herrick

In an action to foreclose a mortgage, the defendants John Herrick and Raina Herrick appeal from an order of the Supreme Court, Nassau County (O’Brien, J.), entered July 13, 1995, which granted the plaintiff’s motion for summary judgment, and denied their cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the plaintiff’s motion for summary judgment is denied, and the cross motion is granted to the extent that the matter is remitted to the Supreme Court, Nassau County, for a hearing to determine whether process was properly served.

It is well…