Legal Opinion
Bankers Trust Co. v. 1 East 88th Street Corp.
New York Court of Appeals
Decided July 24, 1940PublishedCited by 10 opinions
1Opinion of the CourtLoughran, J.
The action is one to foreclose a real property mortgage. Plaintiff’s application under Civil Practice Act, section 1083-a, for leave to enter a deficiency judgment against the defendant 1 East 88th Street Corporation was denied at Special Term. The Appellate Division affirmed by a divided vote and allowed the plaintiff to bring the case here. Three questions have been certified. Plaintiff has also appealed as of right. The permission to appeal was unnecessary. Accordingly the questions certified will not be answered, but it will be convenient to use them as statements of the issues.
The first…
2Cases cited2 opinions
- Moore v. . ShawNew York Court of Appeals · 1879
- Sprague v. GrahamNew York Court of Chancery · 1842
3Cited by10 opinions
- Security Pacific Mortgage & Real Estate Services, Inc. v. Herald Center Ltd.District Court, S.D. New York · 1990
- Boyd v. JarvisAppellate Division of the Supreme Court of the State of New York · 1980
- In Re the Appointment of a Committee of the Person & Property of KalthoffNew York Court of Appeals · 1949
- Pines At Setauket, Inc. v. Retirement Management Group Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Cassia Corp. v. North Hills Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1952
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