Michael's Holding Co. v. Mahoney

In an action to foreclose a mortgage, the defendant, Jeremiah J. Mahoney, the holder of a mortgage subordinate to plaintiff’s mortgage, appeals from an order of the Supreme Court, Westchester County, dated July 20, 1959, which denied said defendant’s motion to modify a judgment of foreclosure and sale so as to eliminate an award against him for an additional allowance pursuant to subdivision 2 of section 1513 of the Civil Practice Act. Order affirmed, with $10 costs and disbursements (Poughkeepsie Sav. Bank v. Herron, 256 N. Y. 339). While it might have 'been better practice to have given to…