Legal Opinion

Manhattan Beach Co. v. Bonner

New York Supreme Court

Decided June 30, 1924PublishedCited by 1 opinion

1Opinion of the CourtBenedict, J.

This is a motion to vacate a deficiency judgment rendered in an action for the foreclosure of a mortgage. The complaint, apparently by inadvertence, contained no demand for judgment whatever. The defendant did not appear or answer, and subsequently judgment was entered and the mortgaged premises sold thereurider. The sale resulted in a deficiency for which personal judgment was subsequently rendered against the defendant. She now moves to vacate this deficiency judgment more than a year after its rendition. The provision of section 1207 of the Code of *442Civil Procedure (now Civ. Prac. Act, §…

2Cases cited5 opinions

  1. Clapp v. . McCabeNew York Court of Appeals · 1898
  2. Peck v. New York & New Jersey Railway Co.New York Court of Appeals · 1881
  3. Brenen v. NorthAppellate Division of the Supreme Court of the State of New York · 1896
  4. Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1905
  5. Naughton v. VionNew York Supreme Court · 1895

3Cited by1 opinion

  1. Kline v. SnyderNew York Supreme Court · 1928

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