Eidlitz v. Doctor
New York Supreme Court
Motion by Elsie E. Mooney, the owner of the equity of redemption in mortgaged premises and defendant in this action to foreclose the mortgage, to set aside the sale of the premises had under the decree, on the ground that the plaintiffs’ attorney failed to - serve notice of such sale upon her attorneys as required by their written notice of appearance for her in the action, such notice containing a waiver of “ service of all papers except notice of sale and of surplus in…
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Motion by Elsie E. Mooney, the owner of the equity of redemption in mortgaged premises and defendant in this action to foreclose the mortgage, to set aside the sale of the premises had under the decree, on the ground that the plaintiffs’ attorney failed to - serve notice of such sale upon her attorneys as required by their written notice of appearance for her in the action, such notice containing a waiver of “ service of all papers except notice of sale and of surplus in this action which are to be served upon us at our office, No. 150' Nassau street, New York city.”
1Opinion of the CourtDaly, J.
(After stating the facts as above.) It¡ is conceded that no notice of sale was served pursuant to such appearance, and that no notice of the sale was given except. by the usual advertisement by the referee in the papers. It is contended by plaintiffs’ attorneys that as such advertisement is the only notice prescribed by statute (Code, § 1678), and none other is prescribed by the rules of court, it is, therefore, the only notice called for under the exception in the waiver aforesaid. But it appears from the papers submitted on this motion, which include the certificate of many leading lawyers…
2Cited by6 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Frazier v. SwimmAppellate Division of the Supreme Court of the State of New York · 1903
- McCoy v. BaileyNew York Supreme Court · 1960
- Dickey v. GoertnerNew York Supreme Court · 1914
- Snell v. TimmermanAppellate Division of the Supreme Court of the State of New York · 1979
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