State Bank v. Wilchinsky
Appellate Division of the Supreme Court of the State of New York
Appeal by Harris Shapiro from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the. clerk of the county of Hew York on the 6th day of August, 1908, determining the appellant to be the purchaser of the premises described in the judgment of foreclosure and sale herein, and appointing a referee to ascertain the amount of damage suffered by plaintiff by reason of the failure of said' appellant to complete the purchase.
1Opinion of the Court
Ingraham, J.:
This action was to foreclose a second mortgage on certain real property in the city' of Hew York. Judgment of foreclosure and sale was entered and on May 27, 1908, the referee named in that judgment sold the mortgaged- premises subject to certain prior mortgages which were described in the notice of sale, and subject also to the costs, disbursements and allowances, if any, in an action then pending to foreclose one of the prior mortgages. At the sale the appellant, Harris Shapiro, was present and after the sale he signed the usual memorandum of sale, describing himself as H.…
2Cases cited6 opinions
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Miller v. CollyerNew York Supreme Court · 1862
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- Proctor v. FarnamNew York Court of Chancery · 1836
- Wood v. MannU.S. Circuit Court for the District of Massachusetts · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Bank of Stamford v. Van KeurenAppellate Division of the Supreme Court of the State of New York · 1992
- Federal National Mortgage Ass'n v. WalshAppellate Division of the Supreme Court of the State of New York · 1999
- Khurana v. CutronaAppellate Division of the Supreme Court of the State of New York · 1999