Post v. Banks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonora Post Banks, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of October, 1901, staying proceedings in an action for the foreclosure of a mortgage, in which action the said Leonora Post Banks is plaintiff, and the plaintiff herein, Clarence 0. Post, is defendant.
1Opinion of the Court
Hirschberg, J.:
The parties are brother and sister. They own á piéce of real estate in common, an ordinary city house and lot, each owning an undivided half. The defendant has a past-due mortgage on the plaintiff’s share. On August 14, 1901, this action was commenced for a partition sale of the property, and thé summons and complaint were personally served upon the defendant. The defendant duly appeared by attorney and procured extensions of time from the plaintiff’s attorneys, the last one being procured on September 17, 1901, and extending her time until October 14, 1901. The following day,…
2Cases cited5 opinions
- Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Gibson v. American Loan & Trust Co.New York Supreme Court · 1890
- Jackson ex rel. Pionier v. SchauberNew York Supreme Court · 1825
- Bradford v. DownsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Levy v. Pacific Eastern Corp.New York Supreme Court · 1935
- De La Vergne Machine Co. v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Pitman v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Gibbs v. KahnCity of New York Municipal Court · 1911
- Levy v. GreenbergCity of New York Municipal Court · 1911
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