Legal Opinion
National City Bank v. Gelfert
New York Court of Appeals
Decided October 8, 1940PublishedCited by 25 opinions
1Opinion of the CourtLoughran, J.
The action is one to foreclose a real property mortgage. The estate of the deceased mortgagor is liable for any deficiency which the plaintiff is entitled to recover. Our moratory deficiency judgment act is inapplicable, for it does not affect mortgages or connected agreements dated on or after July 1, 1932, and the mortgage in suit was executed on December 29,1932.
At the time of execution thereof, section 1083 of the Civil Practice Act provided that the measure of a deficiency judgment was the residue of the debt remaining unsatisfied after a sale of the mortgaged property and the…
2Cases cited32 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Veix v. Sixth Ward Building & Loan Assn. of NewarkSupreme Court of the United States · 1940
- W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
- Barnitz v. BeverlySupreme Court of the United States · 1896
27 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
- Sanders v. PalmerNew York Court of Appeals · 1986
- Carder Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1940
- Stein v. Nellen Development Corp.New York Supreme Court · 1984
- Boyd v. JarvisAppellate Division of the Supreme Court of the State of New York · 1980
20 more not listed; retrieve them via the Exa API.