D'AMBRA v. HAYNOR


293 A.D.2d 858 (2002)

740 N.Y.S.2d 709

CONNIE D'AMBRA, Appellant, v. JEFFREY HAYNOR et al., Respondents.

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

Decided April 11, 2002.


Cardona, P.J.

Defendants seek to vacate a deficiency judgment entered against them in January 1995 in a foreclosure action on the basis that they were not served with notice as required by RPAPL 1371 (2). In an affidavit in opposition, plaintiff's process server, William Slemp, averred that he personally served both defendants at their home on December 14, 1994. At the traverse hearing, however, Slemp testified that he actually served both defendants on December 12...

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