Dickey v. Goertner
New York Supreme Court
Action by Paul Dickey against Christopher A. Goertner, in which a judgment was rendered in favor of defendant foreclosing a mortgage. On motion by plaintiff to vacate and set aside the foreclosure sale.
1Opinion of the CourtBenedict, J.
This, is a motion to vacate and set aside a sale in foreclosure held on November 9, 1909, under a judgment of this court. As I have reached the conclusion that the motion should be granted, and as the circumstances of the case are unusual and extraordinary, I have felt it incumbent upon the court to examine the record for the purpose of deciding the claim of the plaintiff that he had been unjustly deprived of his property under the forms of legal proceedings. This investigation makes it proper to state at some length the history of this case, which has heretofore very frequently engaged the…
2Cases cited12 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Perine v. DunnNew York Court of Chancery · 1819
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Bolles v. . DuffNew York Court of Appeals · 1871
- Denton v. Ontario County National BankNew York Court of Appeals · 1896
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3Cited by2 opinions
- Snell v. TimmermanAppellate Division of the Supreme Court of the State of New York · 1979
- Notey v. Darien Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1976