Legal Opinion
D'Ambra v. Haynor
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 2002PublishedCited by 5 opinions
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (Cobb, J.), entered January 8, 2001 in Columbia County, which granted defendants’ motion to vacate a deficiency judgment entered against them.
Defendants seek to vacate a deficiency judgment entered against them in January 1995 in a foreclosure action on the basis that they were not served with notice as required by RPAPL 1371 (2). In an affidavit in opposition, plaintiffs process server, William Slemp, averred that he personally served both defendants at their home on December 14, 1994. At the traverse hearing, however, Slemp testified that he…
2Cases cited6 opinions
- Heritage Savings Bank v. GrabowskiAppellate Division of the Supreme Court of the State of New York · 1979
- Matter of Barr v. Dep't of Consumer Affairs of the City of New YorkNew York Court of Appeals · 1987
- Citicorp Mortgage, Inc. v. StrongAppellate Division of the Supreme Court of the State of New York · 1996
- Rox Riv 83 Partners v. EttingerAppellate Division of the Supreme Court of the State of New York · 2000
- Sarasota, Inc. v. Homestead Acres at Greenport, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
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- Cadlerock Joint Venture, L.P. v. McHughAppellate Division of the Supreme Court of the State of New York · 2004
- RTC Mortgage Trust 1995-S/N1 v. R&C General Contractors Corp.Appellate Division of the Supreme Court of the State of New York · 2002