Arch Assets, Inc. v. AL & LP Realty Co.

Order, Supreme Court, New York County (Walter Tolub, J.), entered March 24, 1995, which, inter alia, denied defendant HEM Realty & Equity Corp.’s motion to vacate the judgment of foreclosure and sale and to dismiss the action as against it for. lack of personal jurisdiction, or, alternatively, for leave to serve an answer raising the defense of merger, and vacated the sale of the subject property with leave to plaintiff to schedule a new sale, unanimously affirmed, with costs.

We agree with the IAS Court that HEM Realty & Equity Corp., as junior mortgagee, was not prejudiced by the failure of…