Cooper Co. v. Naumburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elsa H. Naumburg, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 8th day of July, 1912.
1Opinion of the Court
Rich, J.:
This appeal is .by the defendant Elsa H. Naumburg from an order of. the County Court of Kings county which denied her *226motion to vacate and set aside an ex parte order granting plaintiff leave to bring an action against her upon a bond given as collateral to a mortgage. The mortgage had been foreclosed before the order was granted, and although the appellant was made a party defendant she was not served with the summons and did not appear in the action. It appears that after sale in the foreclosure action (in which there was a deficiency), an order was entered upon appellant’s motion…
2Cases cited5 opinions
- Darmstadt v. MansonAppellate Division of the Supreme Court of the State of New York · 1911
- Sartwell v. . FieldNew York Court of Appeals · 1877
- Marshall v. AddisonAppellate Division of the Supreme Court of the State of New York · 1900
- United States Life Insurance v. PoillonNew York Supreme Court · 1889
- Walton v. Grand Belt Copper Co.New York Supreme Court · 1890
3Cited by2 opinions
- Cooper Co. v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1913
- Cooper Co. v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1913