We agree with the IAS Court that HEM Realty & Equity Corp., as junior mortgagee, was not prejudiced by the failure of the plaintiff first mortgagee to serve the required papers and orders in the foreclosure proceeding on it. By allowing defendant-appellant to participate in the eventual foreclosure sale, any prejudice arising from the failure to effectuate such service was cured.
The doctrine of merger of the two estates — fee and first mortgagee —...
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