BEILA ASSOCS. v. 27-29 WEST 181 ST. ASSOCS., INC.


205 A.D.2d 320 (1994)

613 N.Y.S.2d 16

Beila Associates, Respondent, v. 27-29 West 181 Street Associates, Inc., Appellant, et al., Defendants

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

June 7, 1994


The IAS Court correctly found that appellant had failed to demonstrate that it did not receive notice of the instant foreclosure action in time to defend. Its own bankruptcy petition, filed in July of 1993, over four months prior to the November order of reference, clearly indicates that it was aware of the foreclosure, and, indeed, somehow knew the index number two weeks after plaintiff had obtained it and approximately three weeks before the summons and complaint were served...

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