New York Court of Appeals, 1941

National City Bank of New York v. Gelfert

National City Bank of New York v. Gelfert
New York Court of Appeals · Decided June 5, 1941
35 N.E.2d 923; 286 N.Y. 569; 1941 N.Y. LEXIS 2110 (North Eastern Reporter, Second Series)

National City Bank of New York v. Gelfert

Opinion of the Court

Motion for reargument granted. As interpreted by us, the order of the Special Term determined only the proposition that section 1083 of the Civil Practice Act, as amended by chapter 510 of the Laws of 1938, could not be constitutionally applied to mortgage contracts made prior to its enactment. Hence the reargument must be limited to the single question whether the plaintiff made application for a deficiency judgment under section 1083. (See 284 N. Y. 13.)

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