Wright v. Caprarella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Kelly, P. J.:
I think the order should be affirmed. The purchaser, appellant, who is not a party to the action, seeks to retain the unconscionable advantage gained by him through the inadvertence and mistake of the attorney for the defendant owner of the equity in the mortgaged premises. The affidavits justified the county judge in finding as ■ matter of fact that the sale of the mortgaged premises was advertised by the referee to take place at Hempstead at ten A. M. on September 23, 1922. When the notice of sale was served on August seventeenth, through the mistake of the attorney for the…
2Cases cited6 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Wesson v. ChapmanNew York Supreme Court · 1894
- Burton v. LinnAppellate Division of the Supreme Court of the State of New York · 1897
- Archer v. ArcherNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alben Affiliates v. Astoria Terminal, Inc.New York Supreme Court · 1962
- Southold Savings Bank v. GilliganNew York Supreme Court · 1973
- Dime Savings Bank v. ThomasNew York Supreme Court · 1969
- Mauer v. ButlerAppellate Division of the Supreme Court of the State of New York · 1976
- Crossland Mortgage Corp. v. FrankelNew York Supreme Court · 1992
4 more not listed; retrieve them via the Exa API.