APPLE BANK FOR SAVINGS v. FORT TRYON APARTMENTS CORP.


44 A.D.3d 497 (2007)

843 N.Y.S.2d 307

APPLE BANK FOR SAVINGS, Appellant, v. FORT TRYON APARTMENTS CORP. et al., Defendants, and ARTHUR HARRIS, as Receiver, Respondent.

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

Decided October 18, 2007.


Plaintiff bank, which settled its state foreclosure action during proceedings in federal bankruptcy court involving defendant Fort Tryon Apartments Corp., was purportedly served, four years later, with an order to show cause from the foreclosure's Receiver, seeking a deficiency judgment. The Receiver served the bank's former law firm, which had dissolved, by mailing the papers to the dissolved law firm, in care of a firm that a former partner had begun, located at the same...

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