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NINTH FED. SAV. & LOAN ASS'N v. YELDER

107 A.D.2d 799 (1985)

Ninth Federal Savings and Loan Association, Respondent, v. Arthur D. Yelder et al., Appellants

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

January 28, 1985

Order affirmed insofar as appealed from, without costs or disbursements.

Special Term correctly determined that defendants failed to raise an issue of fact as to service of the summons and complaint so as to warrant a hearing on their motion (see Green Point Sav. Bank v Taylor, 92 A.D.2d 910).

In addition, we note that defendants failed to set forth a meritorious defense to the foreclosure action (see Hurley v...

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