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DIME SAVINGS BANK OF NEW YORK, FSB v. HIGNER

281 A.D.2d 895 (2001)

722 N.Y.S.2d 651

DIME SAVINGS BANK OF NEW YORK, FSB, Respondent, v. DAVID N. HIGNER et al., Appellants, et al., Defendants. (Appeal No. 2.)

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

Decided March 21, 2001.

Order unanimously reversed on the law without costs, motion granted and default judgment and foreclosure sale vacated.

Memorandum:

County Court erred in denying the motion of David N. Higner (defendant) to vacate the default judgment of foreclosure and the foreclosure sale of property located at 181 Glenhaven Road in the Town of Amherst. After being served with the summons and complaint in the foreclosure action, defendant attempted to reach his attorney by...

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