Legal Opinion

Catholic Women's Benevolent Legion v. Burke

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

Decided January 28, 1938PublishedCited by 12 opinions

1Opinion of the CourtCohn, J.

This appeal involves two questions: (1) Whether the Special Term had jurisdiction over the person of the defendants-appellants, and (2) whether a nunc pro tunc order made on application for leave to enter a deficiency judgment against them in an action to foreclose a mortgage on real property was proper.

In the foreclosure action, plaintiff demanded judgment for any deficiency against the defendants-appellants and each was personally served with the summons and complaint. The appellant Ruth Burke appeared in the action by her attorney, Reuben Shefkowitz, but the other appellant, Leon Burke,…

2Cases cited3 opinions

  1. Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
  2. Berkman v. SilversteinAppellate Division of the Supreme Court of the State of New York · 1935
  3. Cleary v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by12 opinions

  1. Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Columbus Realty Investment Corp. v. Weng-Heng TsiangAppellate Division of the Supreme Court of the State of New York · 1996
  3. Heritage Savings Bank v. GrabowskiAppellate Division of the Supreme Court of the State of New York · 1979
  4. Bianco v. ColesAppellate Division of the Supreme Court of the State of New York · 1987
  5. Citicorp Mortgage, Inc. v. StrongAppellate Division of the Supreme Court of the State of New York · 1996

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