Estate of Witzigman v. Drew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), dated October 2, 2006. The order, among other things, denied defendant’s motion to vacate a default judgment of foreclosure.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the judgment entered April 13, 2005 is vacated and the cross motion is dismissed.
Memorandum: Plaintiff commenced this action seeking to foreclose upon an equitable mortgage encumbering certain real property purchased by defendant from plaintiff’s decedent. Supreme…
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