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CHAMPION MORTGAGE CO., INC. v. CAPALBI

232 A.D.2d 339 (1996)

648 N.Y.S.2d 606

Champion Mortgage Company, Inc., Respondent, v. Joseph R. Capalbi et al., Appellants

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

October 31, 1996

There is no merit to defendants' claim that the foreclosure sale should be set aside on the ground that they were throughout represented by a disbarred attorney. Defendants proceeded pro se in this action. The disbarred attorney never appeared of record and never submitted papers as their attorney, and the proceeding is not rendered a nullity simply because he may have given defendants advice or assistance (see, Dunn v Eickhoff, 35 N...

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