NINTH FEDERAL SAVINGS LOAN ASS'N v. YELDER

Order affirmed insofar as appealed from, without costs or disbursements.

Special Term correctly determined that defendants failed to raise an issue of fact as to service of the summons and complaint so as to warrant a hearing on their motion (see Green Point Sav. Bank v. Taylor, 92 A.D.2d 910).

In addition, we note that defendants failed to set forth a meritorious defense to the foreclosure action (see Hurley v Reoux, 29 A.D.2d 789), and did not move to vacate their default until after the sale of the real property and delivery of the referee's deed to the new owner, who was not made a party to the application to vacate the default judgment and set aside the sale. O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.