Steiner v. Day
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Day, as executrix, etc., from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 24th day of November, 1913.
1Opinion of the Court
Jenks, P. J.:
This is an appeal from an order made pursuant to section 1628 of the Code of Civil Procedure. Its propriety must be determined by consideration of equitable principles. (Equitable Life Ins. Society v. Stevens, 63 N. Y. 341.) The respondents have secured permission .to sue the executor of Albert A. Day for a deficiency arising upon the foreclosure sale of certain mortgaged premises. They owned an equitable interest in the mortgage subordinate to the sole plaintiff in that action, and as if it and they were first and second mortgagees respectively. *743The respondents were made parties…
2Cases cited2 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Morrison v. SlaterAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Federal Farm Mortgage Corp. v. ClaussenNebraska Supreme Court · 1940
- Grossman v. PerlmutterAppellate Division of the Supreme Court of the State of New York · 1941