Legal Opinion
Gravino v. Gravino
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1956PublishedCited by 1 opinion
1Opinion of the Court
Order reversed, without costs of this appeal to any party and motion in Action No. 1 denied and motion in Action No. 2 granted, without costs. Memorandum: The motion of plaintiff in Action No. 1 to enter judgment nunc pro tune should have been denied. No judgment against the defendant having been made and entered, the execution and all subsequent proceedings including sale and delivery of the deed were void. (Civ. Prae. Act, §§ 643, 648; Dunham v. Beilly, 110 N. Y. 366; Qiorgetti v. Katsky, 276 App. Div. 1102.) It is well settled that the judgment may not be made and entered nunc pro tunc so…
2Cases cited6 opinions
- Mohrmann v. KobNew York Court of Appeals · 1943
- Merrick v. MerrickNew York Court of Appeals · 1934
- Schnibbe v. GlenzNew York Court of Appeals · 1927
- Dunham v. . ReillyNew York Court of Appeals · 1888
- In re the Accounting of MacEwanAppellate Division of the Supreme Court of the State of New York · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- National Bank of North America v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1984