FRIEDMAN v. RAMLAL


282 A.D.2d 499 (2001)

722 N.Y.S.2d 882

CHARLES FRIEDMAN, Respondent, v. RITA A. RAMLAL et al., Defendants, and NEVILLE PATTERSON, Appellant.

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

Decided April 9, 2001.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

The Supreme Court erred in failing to hold a hearing on the issue of whether the appellant was properly served with the summons and complaint. The appellant's affidavit submitted in support of his motion, inter alia, to vacate the judgment of foreclosure and sale raised an issue of fact as...

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