Legal Opinion

American Woolen Co. v. Cohen

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

Decided February 17, 1911PublishedCited by 6 opinions

Appeal by the defendant, Jacob Cohen, from an order of the Supreme Conrifc, made at the New York Special Term and entered in the office of the clerk of the county of. New York on the 27 th day of June, 1910, denying the said defendant’s motion to vacate a judgment of foreclosure and sale in so far as it provides for a deficiency judgment against him, and to permit him to interpose an answer to so much of the complaint as sets forth a claim for a deficiency judgment.

1Opinion of the Court

Clarke, J.:

This action was begun on or about the 31st day of August, 1909, by the filing of a summons'and complaint and a notice of pendency of action to foreclose a mortgage made by appellant and his wife to secure payment of the sum of $60,000, with interest thereon, bearing date the loth day of October, 1906, given as collateral security for the payment of a bond bearing even date therewith. The summons- and complaint were personally served on the appellant on September 23, 1909.

Appellant did not answer or appear in this action, either in person or by attorney. '

On May 6, 1910, a judgment…

2Cases cited1 opinion

  1. Cohn v. ColbyNew York Supreme Court · 1879

3Cited by6 opinions

  1. In re Dorb The Chemist, Inc.District Court, S.D. New York · 1933
  2. Matter of CohenNew York Court of Appeals · 1912
  3. In re CohenAppellate Division of the Supreme Court of the State of New York · 1912
  4. In re CohenAppellate Division of the Supreme Court of the State of New York · 1912
  5. Norwich Plumbing Supply House, Inc. v. JohnsonConnecticut Superior Court · 1938

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