Opinion
July 5, 1961
In an action to foreclose a mortgage on real property, the defendant appeals from an order of the Supreme Court, Putnam County, dated March 27, 1961, which denied her motion to vacate the judgment of foreclosure entered upon her default in appearing. Order reversed, without costs, and motion granted, with $10 costs to plaintiff, on condition: (1) that the judgment is to remain a lien as security for any recovery that may be had against defendant; and (2) that, within 20 days after service of a copy of the order to be entered hereon, defendant shall serve her answer and pay the $10 costs. Defendant's time to serve her answer is extended until 20 days after such service. In our opinion, the papers indicate an arguable defense since there is an issue of fact with respect to plaintiff's compliance with article 10 of the Personal Property Law. Beldock, Acting P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.