EMPBANQUE CAPITAL CORP. v. GEATHERS


224 A.D.2d 238 (1996)

637 N.Y.S.2d 413

Empbanque Capital Corp., Respondent, v. Jannie Geathers, Appellant, et al., Defendants

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

February 8, 1996


In this mortgage foreclosure action, the defendant-mortgagor moved by order to show cause to vacate the judgment of foreclosure and sale entered in Supreme Court, Bronx County (Florio, J.), on or about August 24, 1992 and to enjoin the plaintiff from seeking a writ of assistance in order to obtain possession of the subject premises. Cancelled checks contained in the record demonstrate that, prior to the entry of the judgment of...

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