Legal Opinion

Vogel v. Edwards

New York Court of Appeals

Decided May 28, 1940PublishedCited by 14 opinions

1Opinion of the CourtLewis, J.

The judgment of foreclosure and sale in this action contains the usual provisions directing the referee named therein to make and file a report of sale specifying the amount of a deficiency to be entered and that the plaintiff shall have execution therefor. It was signed by the justice at Special Term on August 25, 1933, but was not entered until August 29, 1933. Meantime on August 28, 1933, there became effective section 1083-a of the Civil Practice Act. (L. 1933, ch. 794.)

The Appellate Division has ruled that section 1083-a of the Civil Practice Act affords a valid basis for the order…

2Cases cited5 opinions

  1. Livingston v. . LivingstonNew York Court of Appeals · 1903
  2. Feiber Realty Corp. v. AbelNew York Court of Appeals · 1934
  3. Fish v. . EmersonNew York Court of Appeals · 1871
  4. Emigrant Industrial Savings Bank v. Van BokkelenNew York Court of Appeals · 1935
  5. Guaranteed Title & Mortgage Co. v. ScheffresNew York Court of Appeals · 1937

3Cited by14 opinions

  1. Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1945
  2. Voccola v. ShillingNew York Supreme Court · 1976
  3. Coclin Tobacco Co., Inc., Creditor v. Robert J. Griswold, Trustee, in the Matter of Louis G. Greenfield, BankruptCourt of Appeals for the First Circuit · 1969
  4. S & S Excavating Co., Inc. v. Monroe CountyMichigan Court of Appeals · 1971
  5. Gleit v. GleitNew York Supreme Court · 1942

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