Legal Opinion
Monaghan v. May
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1934PublishedCited by 30 opinions
1Opinion of the CourtCarswell, J.
This is a foreclosure action. The mortgages foreclosed aggregated $24,077.55. Plaintiff bid in the property for a nominal sum of $5,000. Plaintiff moved to confirm the referee’s report of sale and for a deficiency judgment of $19,791.71. The referee’s report was confirmed, but leave to enter a deficiency judgment was denied.
The Special Term found the value of the mortgaged property in the hands of the plaintiff mortgagee equalled the mortgage debt and completely satisfied it.
The Legislature, by section 1083-a of the Civil Practice Act (Laws of 1933, chap. 794), placed a limitation on…
2Cases cited3 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Clinton Trust Co. v. 142-144 Joralemon Street Corp.Appellate Division of the Supreme Court of the State of New York · 1933
3Cited by30 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Honeyman v. JacobsSupreme Court of the United States · 1939
- National City Bank v. GelfertNew York Court of Appeals · 1940
- Union Joint Stock Land Bank of Louisville v. Knox CountyCourt of Appeals of Tennessee · 1936
- Emigrant Industrial Savings Bank v. Van BokkelenNew York Court of Appeals · 1935
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