Mortgage Commission v. Bellucci

Motion to vacate and set aside referee's report of amount due in a foreclosure action upon the ground that the hearing was held in New York county instead of Queens county, where the action was triable, contrary to the provisions of rule 191 of the Rules of Civil Practice.

It appears that the action has proceeded to judgment of foreclosure and sale, a sale has been had at which plaintiff became the purchaser and that by deed dated July 16, 1936, the premises were conveyed *108to' Marcel Levy, as trustee, who makes this application. The plaintiff intervenes upon the motion in the capacity of amicus…