Dietz v. Treupel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry C. Shaw, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of April, 1918. This is a foreclosure action. The appellant moved for an order restraining the plaintiff from establishing any claim against him for a deficiency on the sale and from entering any judgment for a deficiency against him.
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Appeal by the defendant, Harry C. Shaw, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of April, 1918. This is a foreclosure action. The appellant moved for an order restraining the plaintiff from establishing any claim against him for a deficiency on the sale and from entering any judgment for a deficiency against him. The motion was granted with modifications. The appeal is taken from that part of the order which limits the time within which a deficiency judgment against the…
1Per curiam
While the provisions of the Soldiers’ and Sailors’ Civil Relief Act (40 U. S. Stat. at Large,—, chap. —), approved March *4498,1918, should be liberally construed in the interest of those for whose benefit it was enacted, we think that we should not interfere with the exercise of discretion by the learned justice at Special Term upon the facts as presented to him. He stayed the entry of any possible deficiency judgment against the appellant until six months after the termination of the war. We do not think the court had any power to stay the prosecution of the foreclosure suit. The appellant is…
2Cited by8 opinions
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