Legal Opinion

Melahn v. Hearn

New York Court of Appeals

Decided November 29, 1983PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff brought this action to foreclose a mortgage executed by defendant in favor of plaintiff’s assignor and upon premises formerly owned by defendant. The mortgage secured a debt evidenced by a bond executed at the same time. Defendant’s answer alleged that he was not a proper party because the property had been sold at public auction for unpaid taxes. He subsequently moved for summary judgment on that ground and it appeared from the motion papers that the property had been sold but had been…

2Cases cited8 opinions

  1. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  2. Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
  3. Congregation Yetev Lev D'Satmar, Inc. v. County of SullivanNew York Court of Appeals · 1983
  4. Eagle v. PatersonNew York Court of Appeals · 1982
  5. Lee v. FaroneAppellate Division of the Supreme Court of the State of New York · 1941

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3Cited by40 opinions

  1. Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
  2. State v. CampanyAppellate Division of the Supreme Court of the State of New York · 2010
  3. MATTER OF WALKER v. WalkerNew York Court of Appeals · 1995
  4. In re the Foreclosure of Tax LiensAppellate Division of the Supreme Court of the State of New York · 1984
  5. J.K.S.P. Restaurant, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1987

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