Legal Opinion

In re Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1935Published

1Per curiam

The claim of Anna R. Crossin for the first time asserted by judicial proceedings in 1934, is barred by section 44 of the Civil Practice Act. The deficiency judgment in her favor was entered in 1913 and is conclusively “ presumed ” to have been “ paid and satisfied ” twenty years thereafter, or in 1933. (Civ. Prac. Act, § 44; Matter of City of New York [Elm Street], 239 N. Y. 220.) At the expiration of that period of time it ceased to operate as an equitable lien upon the award. (Douglass v. Chisholm, 142 Misc. 869; affd., 236 App. Div. 668; 261 N. Y. 632; Allerwan Co. v. Hermann, 262 id.…

2Cases cited3 opinions

  1. Matter of City of New York (Elm Street)New York Court of Appeals · 1924
  2. Douglass v. ChisholmNew York Court of Appeals · 1933
  3. Douglass v. ChisholmNew York Supreme Court · 1931

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