56 Marquis, Inc. v. Mosello
Cases that cite this one
11 later published cases cite this decision.
- Bank of N.Y. Mellon v. Laskin (Appellate Division of the Supreme Court of New York 2025)
- Hudson City Sav. Bank v. Hossain (Appellate Division of the Supreme Court of New York 2020)
- HSBC Bank USA, N.A. v. Welt (Appellate Division of the Supreme Court of New York 2025)
- Bsd 253, LLC v. Wilmington Sav. Fund Socy., FSB (Appellate Division of the Supreme Court of New York 2023)
- Wells Fargo Bank N.A. v. Area Plumbing Supply, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Sicuranza v. McDonald (Appellate Division of the Supreme Court of New York 2013)
- Sicuranza v. McDonald (Appellate Division of the Supreme Court of New York 2013)
- Armstrong Trading, Ltd. v. MBM Enterprises (Appellate Division of the Supreme Court of New York 2006)
- Delta Funding Corp. v. Khader (Appellate Division of the Supreme Court of New York 2003)
- Shefa Unlimited, Inc. v. 544 Park Avenue Realty, LLC (Appellate Division of the Supreme Court of New York 2003)
- Bellevue-Santiago v. City Ready Mix, Inc. (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered February 8, 1996, as denied that branch of its motion which was for leave to enter a deficiency judgment against the defendant and granted the defendant’s cross motion to vacate that portion of the judgment of foreclosure and sale which provided for the entry of a deficiency judgment.
Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant contends that the court was without power or authority to vacate that portion of the judgment of foreclosure and sale which provided for the entry of a deficiency judgment, since the defendant failed to raise that issue at the time the foreclosure was litigated and failed to take an appeal from the judgment of foreclosure itself. The appellant is mistaken. It is a well-settled principle that a court has the inherent power to
The appellant’s remaining contentions are without merit. Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.