Legal Opinion
Hudson City Savings Institution v. Burton
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1982PublishedCited by 14 opinions
1Opinion of the Court
— Appeal from an order "of the County Court of Columbia County (Zittell, J.), entered December 2, 1980, which, inter alia, granted plaintiff bank’s motion for summary judgment for foreclosure of a mortgage. Since relief in the form of restitution would be available if defendant Anne E. Burton (defendant) were to succeed on this appeal, neither the failure to post an undertaking to obtain an automatic stay (CPLR 5519, subd [a], par 6) nor the sale of the foreclosed premises renders the appeal moot. Turning to the merits, we find that plaintiff was entitled to summary judgment and, therefore,…
2Cases cited5 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- Shell Oil Co. v. McGrawAppellate Division of the Supreme Court of the State of New York · 1975
- Sherwood v. GreeneAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by14 opinions
- Megaris Furs, Inc. v. Gimbel Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- New York State Urban Development Corp. v. Marcus Garvey Brownstone Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Charter One Bank, FSB v. LeoneAppellate Division of the Supreme Court of the State of New York · 2007
- United Companies Lending Corp. v. HingosAppellate Division of the Supreme Court of the State of New York · 2001
- Barclay's Bank v. Smitty's Ranch, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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