CADLEROCK JOINT VENTURE, L.P. v. McHUGH


5 A.D.3d 295 (2004)

773 N.Y.S.2d 538

CADLEROCK JOINT VENTURE, L.P., Appellant, v. EILEEN S. McHUGH et al., Respondents, et al., Defendants.

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

March 25, 2004.


Although the order on appeal states that the IAS court found that plaintiff's service of its motion for a deficiency judgment was "defective," the clear import of the IAS court's decision, made after a traverse hearing, is that neither defendant obtained any kind of notice of such motion within the 90-day period, commencing with delivery of the referee's deed, for making such a motion (RPAPL 1371 [2]; see Arbor Natl. Commercial Mtge. v Carmans Plaza,

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