It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the judgment entered April 13, 2005 is vacated and the cross motion is dismissed.
Memorandum:
Plaintiff commenced this action seeking to foreclose upon an equitable mortgage encumbering certain real property purchased by defendant from plaintiff's decedent. Supreme Court entered a default judgment of foreclosure and, in light of the...
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