LEADER FEDERAL BANK FOR SAVINGS v. VAN TIENHOVEN


262 A.D.2d 1078 (1999)

692 N.Y.S.2d 258

LEADER FEDERAL BANK FOR SAVINGS, Respondent, v. ANDREW VAN TIENHOVEN et al., Appellants, et al., Defendant.

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

Decided June 18, 1999.


Order unanimously reversed on the law with costs, plaintiff's motion denied, defendants' motion granted in part and foreclosure sale vacated.

Memorandum:

Supreme Court erred in granting plaintiff's motion for a writ of assistance and in denying that part of the motion of Andrew Van Tienhoven and Betty Lou Van Tienhoven (defendants) seeking to set aside the foreclosure sale of property located on Clearview Drive in the Town of Clay. The letter sent by defendants...

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