Legal Opinion
Tompkins County Trust Co. v. Herrick
New York Supreme Court
Decided May 19, 1939PublishedCited by 10 opinions
1Opinion of the Court
Gold (A. E.), J.
The motion is to vacate a deficiency judgment, following mortgage foreclosure, on the ground that the plaintiff *930failed to comply with section 1083 of the Civil Practice Act, as amended by chapter 510 of the Laws of 1938, in effect April 7, 1938.
The mortgage was given on October 2, 1933, to secure an indebtedness of $16,500. The action to foreclose was commenced on May 28, 1938. Plaintiff bid in the property on the sale for $5,000 and obtained a deficiency judgment for $12,356.63, representing roughly the difference between the mortgage debt and the bid.
The old procedure was…
2Cases cited36 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCullough v. VirginiaSupreme Court of the United States · 1898
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
31 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moke Realty Corp. v. Whitestone Savings & Loan Ass'nNew York Supreme Court · 1975
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Robert R. Ingerton v. First National Bank and Trust Company of TulsaCourt of Appeals for the First Circuit · 1961
- Voss v. Multifilm Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1985
- United States v. Merrick Sponsor Corp.District Court, E.D. New York · 1968
5 more not listed; retrieve them via the Exa API.