Appellate Division of the Supreme Court of New York, 1914

Matheson v. Mente

Matheson v. Mente
Appellate Division of the Supreme Court of New York · Decided May 8, 1914 · Cijriam
147 N.Y.S. 1126; 1914 N.Y. App. Div. LEXIS 6523 (New York Supplement)
Matheson v. Mente

Opinion of the Court

PER CIJRIAM.

Inasmuch as George J. Stainton, the younger, was not a party to this action, the judgment as entered at Special Term would be no legal bar against him or those claiming under him, and plainti~ would not be protected thereby by acquiescence in the same. The judgment should be modified, by providing for a foreclosure and. sala for the full amount due thereon, with interest and costs, and, as so modified, affirmed, without costs. See, also, 147 N. Y. Supp. 1126.

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