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.
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Successful defense of a unit owner’s challenge to service of process
On Behalf of Gettinger Waldinger & Monteleone, LLP | Jun 10, 2022 | Condominiums & Cooperatives, Homeowners' Associations