North Central Realty Co. v. Blackman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the* North Central Realty Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York.on the 6th day of May, 1911, denying the plaintiff’s motion for the appointment of a referee to compute the amount due in a foreclosure action- and staying its prosecution until the termination of a suit to partition the same premises.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose four mortgages upon real estate. Upon an affidavit showing that the time to answer or demur had expired as to all of the defendants, and that none of them had answered or demurred, the plaintiff, upon notice to all persons who had appeared, moved for the appointment of a referee to compute the amount due. The motion was denied and the plaintiff stayed from further prosecuting the action until the termination of another action brought by one Markow for the partition of the premises covered by the mortgages, and the plaintiff appeals. - -'
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2Cases cited4 opinions
- Morris v. . TuthillNew York Court of Appeals · 1878
- David Belasco Co. v. KlawAppellate Division of the Supreme Court of the State of New York · 1904
- Raymore Realty Co. v. Pfotenhauer-Nesbit Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Swift v. FinniganAppellate Division of the Supreme Court of the State of New York · 1900