Successful defense of a unit owner’s challenge to service of process

In an action to foreclosure on a lien for unpaid common charges brought by our HOA client, we successfully defended a unit owner’s challenge to service of process.  Thereafter, the Court issued a money judgment and judgment of foreclosure and sale.  Three days before the scheduled sale, the unit owner sought a TRO staying the sale.  The Court refused to issue a stay after SGWM’s litigation attorneys proactively filed opposition papers and requested argument.  The Court held that the unit owner’s desire to negotiate a payment plan was not a legal basis to stay the foreclosure sale especially in light of the unit owner’s opportunity to do so during the 2 years that the action was pending before a judgment was issued.  (Westchester County).  The order is available here.