Hanover Fire Ins. Co. v. . Tomlinson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, dismissing an appeal from an order of Special Term giving plaintiff leave to bring an action upon a judgment in a foreclosure suit between the same parties for an alleged deficiency upon sale. (Reported . below, 2 N. Y. S. C. R. [T. & G], 657.) . The usual judgment of foreclosure and sale was entered .with directions for judgment against defendant for deficiency.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, dismissing an appeal from an order of Special Term giving plaintiff leave to bring an action upon a judgment in a foreclosure suit between the same parties for an alleged deficiency upon sale. (Reported . below, 2 N. Y. S. C. R. [T. & G], 657.) . The usual judgment of foreclosure and sale was entered .with directions for judgment against defendant for deficiency. The report of the referee showed a deficiency, but no judgment for the amount thereof was entered. The appeal should be dismissed. (Code, §…
1Opinion of the CourtRapallo, J.
Conceding that it was discretionary with the ' court at Special Term whether or not to grant leave to the plaintiff to bring an action upon the alleged judgment, yet we think that the General Term erred in dismissing the appeal from the order made at Special Term granting such leave. We have repeatedly held that, although this court is limited in the review of orders to. such as do not involve any question of discretion, yet that no such limitation is imposed upon the General Term in reviewing orders made at Special Term; and that where an order which affects a substantial right is made at…
2Cases cited2 opinions
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Howell v. . MillsNew York Court of Appeals · 1873
3Cited by10 opinions
- In re Adler's EstateNew York Supreme Court · 1891
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
- MacKenzie & Shea v. R. I. Hospital Trust Co.Supreme Court of Rhode Island · 1923
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1881
- Collins v. CollinsNew York Supreme Court · 1877
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