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KEY BANK OF NEW YORK v. KEMNITZ

226 A.D.2d 947 (1996)

641 N.Y.S.2d 171

Key Bank of New York, Formerly Known as Key Bank of Southeastern New York, N. A., Respondent, v. T. M. Kemnitz et al., Appellants, et al., Defendants

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

April 18, 1996

Mikoll, J. P.

Defendants T. M. Kemnitz, M. K. Kemnitz and Royal Fireworks Printing Company, Inc. (hereinafter collectively referred to as defendants) seek to vacate a deficiency judgment entered in a foreclosure action against them in the amount of $174,949.62 on the ground that they were never served as required by RPAPL 1371 (2) with notice of the proceeding. Defendants contend that notice of the motion was served only on Simon Haysom, their former...

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