Clinton Trust Co. v. Mahoney

Order denying plaintiff leave to enter a deficiency judgment in foreclosure affirmed, with ten dollars costs and disbursements. It has been held and seems to be the law in this State that a motion is “ made ” when it is returned in court and not when the notice is served. (Cleary v. New York State Railways, 199 App. Div. 28; Low v. Bankers Trust Co., 265 N. Y. 264.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.