Legal Opinion

Holt v. Holt

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

Decided June 21, 1999PublishedCited by 11 opinions

1Opinion of the Court

—In an action to set aside a conveyance of real property and a mortgage upon that property, the defendants Champion Mortgage Co., Inc., and Champion Mortgage Servicing Corp., appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated March 6, 1998, which denied their motion to strike the plaintiffs note of issue for an inquest against defaulting defendant Robert Maurice Holt.

Ordered that the order is affirmed, without costs or disbursements.

CPLR 3215 (a) requires that when a default judgment is taken against fewer than all of the defendants, the action is severed as against…

2Cases cited4 opinions

  1. S.D.I. Corp. v. Fireman's Fund Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 1994
  2. Firedoor Corp. of America, Inc. v. Merlin Industries, Ltd.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Frolish v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Woodson v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by11 opinions

  1. RSM PRODUCTION CORP. v. FridmanDistrict Court, S.D. New York · 2009
  2. Chambers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Balanta v. Stanlaine Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Magic Recovery Medical & Surgical Supply Inc. v. State Farm Mutual Automobile InsuranceAppellate Terms of the Supreme Court of New York · 2010
  5. AutoOne Insurance v. ValentineAppellate Division of the Supreme Court of the State of New York · 2010

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