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DIME SAV. BANK OF WILLIAMSBURG v. 146 ROSS REALTY, LLC

2012-07400.

106 A.D.3d 863 (2013)

966 N.Y.S.2d 443

2013 NY Slip Op 3451

DIME SAVINGS BANK OF WILLIAMSBURG, Respondent, v. 146 ROSS REALTY, LLC, Defendants, and MEYER GOLDBERGER, Appellant.

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

Decided May 15, 2013.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendant Meyer Goldberger was properly served with the summons pursuant to CPLR 308 (2), and for a new determination thereafter of his motion to vacate the judgment of foreclosure and sale.

The plaintiff commenced this action to foreclose a mortgage on certain...

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