Shaw v. Russell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Harvey, J.), entered October 22, 1982 in Saratoga County, which denied a motion by defendant Marine Midland Bank, N.A., to vacate a foreclosure sale. Plaintiff held a mortgage given by Walter S. Russell and commenced a mortgage foreclosure action against him on May 28, 1982. Marine Midland, N.A., a junior judgment creditor of the mortgagor, was made a party defendant and appeared in the foreclosure action by service of a notice of appearance wherqin it waived service of all papers except the notice of sale, report of sale and notice…
2Cases cited2 opinions
- White v. MageeAppellate Division of the Supreme Court of the State of New York · 1981
- Gegerson v. Northern Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1973
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- Aetna Life Insurance v. Avalon Orchards, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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