Legal Opinion
Arbor National Commercial Mortgage, LLC v. Carmans Plaza, LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2003PublishedCited by 5 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered September 30, 2002, as denied that branch of its motion which was for leave to enter a deficiency judgment against the defendant Wilbur F. Breslin and granted Breslin’s cross motion to dismiss that branch of the plaintiff’s motion as untimely.
Ordered that the order is affirmed insofar as appealed from, with costs.
RPAPL 1371 (2) states that “ [s]imultaneously with the making of a motion for an order confirming the sale,…
2Cases cited9 opinions
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.New York Court of Appeals · 1979
- Procco v. KennedyNew York Court of Appeals · 1983
- Voss v. Multifilm Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gramercy Investment Trust v. Lakemont Homes Nevada, Inc.California Court of Appeal · 2011
- JDRMDBP-SM, LLC v. HossainAppellate Division of the Supreme Court of the State of New York · 2023
- 730 J & J, LLC v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
- Cadlerock Joint Venture, L.P. v. McHughAppellate Division of the Supreme Court of the State of New York · 2004
- Chase Manhattan Bank v. NathAppellate Division of the Supreme Court of the State of New York · 2018