Legal Opinion

Pratt v. Fay

New York Supreme Court

Decided November 15, 1916PublishedCited by 1 opinion

Motion to vacate a judgment for deficiency against defendant Dora Lawrence by default.

1Opinion of the CourtRodenbeck, J.

A deficiency judgment in foreclosure has been taken against the defendant Dora Law*435rence. She purchased the premises foreclosed and assumed and agreed to pay the mortgage foreclosed, but her grantor purchased the property without assuming or agreeing to pay the mortgage debt and she now claims that there is no legal warrant for the judgment for deficiency which has been taken against her and which she alleges was taken by default under a mistake and under the assumption that no judgment would be taken against her. She asks to have the judgment modified and for such other relief as the court…

2Cases cited4 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. De Lavallette v. . WendtNew York Court of Appeals · 1879
  3. Clinton v. Buffalo Land Security Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Williams v. Van GeisonAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. In re the Estate of FogartyNew York Surrogate's Court · 1937

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