Legal Opinion

People ex rel. Rosenquest v. Donnelly

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

Decided June 18, 1915PublishedCited by 4 opinions

Original motion to the Appellate Division of the First Department for a peremptory writ of mandamus, directed to Thomas F. Donnelly, as justice of the Supreme Court, to require him to enter a judgment by default in favor of the relators in an action brought to foreclose a mortgage.

1Opinion of the Court

Ingraham, P. J.:

This is an application to this court for a mandamus directed to a justice of the Supreme Court requiring him to grant and sign a judgment of foreclosure. The action was to foreclose a mortgage on real property in the city of New York, and was commenced March II, 1915. Defendants were all served within this jurisdiction, there being no infants, incompetents or absentees. Three of the defendants appeared, but none of them answered, so all the defendants were in default. Where*501upon the plaintiff served a notice of motion on all the defendants who had appeared, returnable May 10,…

2Cited by4 opinions

  1. Mahnk v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1931
  2. De Groot v. Morwick Construction Co.New York Supreme Court · 1917
  3. Kirschenbaum v. RubinNew York Supreme Court · 1926
  4. Port Jervis Real Estate & Loan Ass'n v. Greck, New York County Courts1934

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