Pines v. Sullivan

The referee moves to compel the purchaser at a foreclosure sale to take title. The purchaser also moves to be relieved from his purchase and for the return of his deposit and payment of disbursements and counsel fees.

The dispute here arises because of the failure to procure an order, pursuant to section 426 of the Code of Civil Procedure, requiring a copy of the summons to be delivered on behalf of the infant defendant to a person designated in the order. The infant was at the time of the service under the age of fourteen years. A summons was delivered to the infant and to his mother, with…