CHEM. BANK v. GARDNER


233 A.D.2d 606 (1996)

649 N.Y.S.2d 243

Chemical Bank, Plaintiff, v. James H. Gardner, Appellant. Margaret Dixon et al., Respondents

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

November 7, 1996


Mercure, J. P.

In December 1992, plaintiff commenced an action to foreclose a mortgage on property owned by defendant in the Town of Poughkeepsie, Dutchess County. Upon defendant's default in answering or appearing, the action proceeded in March 1993 to an order of reference to compute and in June 1993 to a judgment of foreclosure and sale. Following publication and posting of the notice of sale, a public sale took place in June 1994 and the property...

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