Union Bank v. Rubinstein
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of foreclosure and sale, entered in the Hew York county clerk’s office on the 26th day of March, 1913, on a decision after a trial at Special Term, and from an order entered on the 27th day of January, 1913, denying a motion for leave to reopen the case after rendition of the decision. Judgment and order affirmed, with costs.
1Dissent
Laughlin, J. (dissenting):
By the judgment herein foreclosing a second mortgage, the appellant is adjudged liable on his bond for any deficiency. He pleaded that on the 10th day of September, 1909, when the indebtedness became due, the market value of the premises was more than adequate security for the indebtedness, and that on the eighteenth day of February thereafter, the plaintiff as mortgagee, without the knowledge or consent of appellant, and the then owner of the premises, who had taken the same subject to but had not assumed the mortgage, entered into an agreement whereby the amount of…
2Cases cited6 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Paine v. . JonesNew York Court of Appeals · 1879
- Rutherfurd Realty Co. v. . CookNew York Court of Appeals · 1910
- In re PizaAppellate Division of the Supreme Court of the State of New York · 1896
- Union Bank v. RubensteinNew York Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.