Legal Opinion

New York Life Insurance v. H. & J. Guttag Corp.

New York Court of Appeals

Decided October 16, 1934PublishedCited by 35 opinions

1Opinion of the Court

Pound, Ch. J.

Chapter 794, Laws of 1933, declares that a temporary emergency exists which requires legislative action relative to deficiency judgments in mortgage foreclosures and places' a limitation thereon effective now by extension (L. 1934, ch. 277) until July 1, 1935. With this purpose in view the Legislature enacted section 1083-a of the Civil Practice Act which reads in part as follows:

“ § 1083-a. Limitation upon deficiency judgments during emergency period. No. judgment shall be granted for any residue of the debt remaining unsatisfied as prescribed by the preceding section where the…

2Cases cited3 opinions

  1. Matter of People (Tit. Mtge. Guar. Co.)New York Court of Appeals · 1934
  2. Klinke v. SamuelsNew York Court of Appeals · 1934
  3. Rutherfurd Realty Co. v. . CookNew York Court of Appeals · 1910

3Cited by35 opinions

  1. People v. RichettiNew York Court of Appeals · 1951
  2. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  3. Matter of WeitlingNew York Court of Appeals · 1935
  4. National City Bank v. GelfertNew York Court of Appeals · 1940
  5. City Bank Farmers Trust Co. v. Ardlea Corp.New York Court of Appeals · 1935

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