City Savings Bank v. Prior

Decision upon this motion turns upon the intent expressed by the word “ heretofore ” as used by the Legislature in the amendment to section 1077-e of the Civil Practice Act by chapter 611 of the Laws of 1936. I think it relates to actions instituted prior to the beginning of the emergency (August 26, 1933) as well as during the emergency. If this is so, the provisions of section 1077-e, as last amended in relation to the stay of a sale directed by a judgment of foreclosure in any “ such action,” apply here. The section must be read in connection with the sections creating and defining the…