Carter v. Builders' Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Carter, and by the defendant, the Builders’ Construction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of October, 1908, in so far as such order grants a motion made by the defendants Holl by directing a referee appointed under a judgment of foreclosure and sale to amend his advertised notice of a proposed second sale of the…
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Appeal by the plaintiff, William Carter, and by the defendant, the Builders’ Construction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of October, 1908, in so far as such order grants a motion made by the defendants Holl by directing a referee appointed under a judgment of foreclosure and sale to amend his advertised notice of a proposed second sale of the mortgaged premises and of his terms of sale.
1Opinion of the Court
Clarke, J.:
Plaintiff claimed to be the owner of two mortgages made by the defendant Builders’ Construction Company. This action was instituted to foreclose the second of those two mortgages. The property mortgaged is situate at Washington and West Eleventh streets in the city of New York. The Builders’ Construction Company is the owner of that property. The defendants John Holl and Bernard Holl were judgment creditors of the Builders’ Construction Company and had a judgment lien against the premises. There are two *319superior mortgages aggregating $164,500 against the same premises. Prior to the…
2Cases cited1 opinion
- Simon v. . VanderveerNew York Court of Appeals · 1898
3Cited by1 opinion
- Paragon Progressive Federal Credit Union v. HendersonNew York Supreme Court · 1960