PRIESTER v. SIGMOND


48 A.D.2d 988 (1975)

Henry A. Priester, as Executor of Addie Priester, Deceased, Respondent, v. Vidas S. Sigmond, Defendant and Ray F. Sigmond, Appellant

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

June 26, 1975


The action was brought by the plaintiff to foreclose a purchase money mortgage and to reform the deed so as to decrease the size of the demised premises. Following the service of an answer, plaintiff's motion for summary judgment was entered by default on November 4, 1974 when the defendants failed to appear in opposition to the motion. Defendants have not fulfilled the requirement of CPLR 5015 (subd [a], par 1) which requires that a defendant must first show that he has...

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