Hookey v. Greenstein
Appellate Division of the Supreme Court of the State of New York
: Appeal by. the defendants, Hyman Adelstein and ¡another, from an Order of the Supreme Court, made at "the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of January, 1907, denying the said defendants’ motion to vacate an order and judgment theretofore entered in the above-entitled action.
1Opinion of the Court
Clarke, J.:
It appears from the record that one Ehrmann began an action to foreclose a mortgage on the property in question which proceeded ’ *210to judgment and sale and. resulted in a surplus of over $14,000 deposited with the chamberlain. Plaintiff Hookey began an action to foreclose a junior mortgage in which defendants Greenstein and Hirscli set up the defense that the mortgage sought to be foreclosed was usurious and void. In that action the appellant's Adelstein and Avrntine, who had "filed a mechanic’s lien against the premises described in the complaint, were made parties defendant, it…
2Cases cited1 opinion
- Bushwick Savings Bank v. TraumAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Doe v. KurianskyNew York Supreme Court · 1993