New York Court of Appeals, 1937

Guaranteed Title & Mortgage Co. v. Scheffres

New York Court of Appeals · Decided July 13, 1937 · <italic>Per Curiam.</italic>

9 N.E.2d 764; 275 N.Y. 30; 1937 N.Y. LEXIS 1396 (North Eastern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Chase v. Harvey (Appellate Division of the Supreme Court of New York 1937)
Metropolitan Life Insurance v. Rochester Area Council of Churches Development, Inc. (New York Supreme Court 1973)
Vogel v. Edwards (N.Y. 1940)
National City Bank v. Gelfert (N.Y. 1940)
National City Bank v. Gelfert (Appellate Division of the Supreme Court of New York 1939)
Tompkins County Trust Co. v. Herrick (New York Supreme Court 1939)
Home Owners Loan Corp. v. Caterson (Appellate Division of the Supreme Court of New York 1938)

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

*32 Per Curiam.

This is an action to foreclose a mortgage on real property. The mortgagors appeared generally but defaulted in pleading. Judgment of foreclosure and sale was regularly entered August 9, 1933, before section 1083-a of the Civil Practice Act. became effective. A deficiency resulted on a sale to the mortgagee and judgment therefor was docketed. Thereafter the mortgagors moved the Special Term to vacate so much of the judgment of foreclosure and sale as directed them to pay a deficiency. The motion was granted and the deficiency judgment previously docketed was canceled upon the ground “ that the value of the property exceeded the amount of the judgment.” This is an appeal by the mortgagee from an affirmance by the Appellate Division of the order of the Special Term. The orders should_be reversed and the motion denied. (Loma Holding Corp. v. Cripple Bush Realty Corp., 265 N. Y. 463; Emigrant Industrial Sav. Bank v. Van Bokkelen, 269 N. Y. 110; Strochak v. Glass Paper Making Supplies Co., 239 App. Div. 312. See Kenly v. Huntington Building Association, Inc., 166 Md. 182.)

The orders should be reversed and the motion denied, with costs in all courts.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Orders reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.