Legal Opinion
Baldwin-Bellmore Federal Savings & Loan Ass'n v. Stellato
New York Supreme Court
Decided February 21, 1968PublishedCited by 6 opinions
1Opinion of the CourtJack Stanislaw, J.
Plaintiff moves to set aside and vacate all proceedings heretofore had in a mortgage foreclosure action, commencing with the order of reference up to and including the sale of the premises to Martin Lang and Mitchell Eifkin (“purchasers”), on the ground that, through error, one of the judgment creditors was not served in the action. The original papers were filed by the title company, after the continuation search was made. An employee of the title company added a judgment creditor to the original papers as a party defendant, but failed to advise plaintiff’s counsel of the addition. Unaware…
2Cases cited5 opinions
- Foreman v. ForemanNew York Court of Appeals · 1929
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Dry Dock Savings Institution v. Harriman Realty Corp.New York Supreme Court · 1934
- Bieber v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1909
- Smith v. City of BuffaloNew York Supreme Court · 1948
3Cited by6 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Emigrant Savings Bank v. Elan Management Corp., Elan Management Corp.Court of Appeals for the Second Circuit · 1982
- American Broadcasting Companies, Inc. v. WolfAppellate Division of the Supreme Court of the State of New York · 1980
- Majer v. FosseenCourt of Appeals of Washington · 1976
- Bank One National Ass'n v. OsorioAppellate Division of the Supreme Court of the State of New York · 2009
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