CITYTRUST v. SLATTERY


245 A.D.2d 187 (1997)

666 N.Y.S.2d 169

Citytrust, Plaintiff, v. Thomas V. Slattery et al., Appellants, and Robert J. Reveley, Respondent, et al., Defendants

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

December 18, 1997


The IAS Court properly declined to vacate the deficiency judgment obtained on default. There was no jurisdictional defect since the seventh decretal paragraph of the judgment of foreclosure and sale provided for recovery of the mortgage debt against appellants and service of the motion seeking the deficiency judgment was properly made on appellants' counsel in the foreclosure action (see, RPAPL 1371 [2]). We note the initial

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