Legal Opinion

Neal v. Gilleran

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 1 opinion

Appeal by E, Daniel Miner from an order of the Supreme Court, •made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 11th day of October, 1907.

1Opinion of the Court

Rich,'J-.:'

'The Special Term a-ppoihted a -referee to take■ proof Of certain facts set forth in the affidavits read upon a motion for a writ of assistance. The motion'was based upon -the affidavit of the appellant setting forth tlie commencement ef an action on-August 28, 1905, to foreclose a mortgage- upon -real- estáte in the county of Westchester, which, it is- averred,-was-owned-when- the action was commenced by the defendant Gilleran-;-that judgment, of foreclosure and sale was duly granted and entered; that the. premises were sold by a referee and'purchased-by-the appellant, and that…

2Cases cited1 opinion

  1. In re HanleinAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by1 opinion

  1. Misiaszek v. RobertsAppellate Division of the Supreme Court of the State of New York · 1925

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