CONTIMORTGAGE CORPORATION v. ISLER


48 A.D.3d 732 (2008)

853 N.Y.S.2d 162

CONTIMORTGAGE CORPORATION, Respondent, v. ALBERT ISLER et al., Defendants, and ROGER WHITEHEAD, Appellant.

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

Decided February 26, 2008.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion which was to vacate so much of the judgment of foreclosure and sale as is against him, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The appellant was a junior lienholder in the instant action, based upon a judgment entered in favor of him against...

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