WAND v. BECK


262 A.D.2d 634 (1999)

693 N.Y.S.2d 615

JORDAN WAND et al., Appellants, v. LELAND S. BECK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 28, 1999.


Ordered that the order is affirmed, with costs.

The appellants' decedent held a second mortgage on property sold at auction in a foreclosure sale. While represented by the defendants, the appellants' decedent obtained a deficiency judgment against the mortgagors upon their default. The mortgagors' subsequent motion to vacate the default was granted on the ground that they had not been personally served as required by statute (see, RPAPL 1371 [2]). The appellants...

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