Jamaica Savings Bank v. Spiro

This is an application to vacate and set aside a judgment and decree of foreclosure and sale after a default in answering by the defendants and adjudging that defendants have appeared and answered herein.

Since the defendants ’ application is based on a denial that they were served with the summons and complaint on the date set forth in the affidavit of service and that such service was effected on a later date which would render their answer timely, this court ordered that a hearing be held on the issue as to the date of service (Jamaica Sav. Bank v. Spiro, N. Y. L. J., Nov. 24, 1954, p, 13,…