King v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Sullivan, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 23d day of September, 1897, denying his motion to open his default and for leave to interpose an answer to the amended complaint in the action, and to vacate and set aside a judgment for deficiency entered in the action.
1Opinion of the Court
Hatch, J.:
This action was brought upon a bond executed by John Layton, and for the foreclosure of a mortgage executed as collateral security for the payment of the bond. The complaint in the action demanded no judgment for a deficiency except against the defendant Layton. The summons and complaint were served upon the defendant Michael Sullivan, who had become the owner of the premises, subject to the lien of the mortgage. When the summons and complaint in the action were served upon Sullivan, as he had no defense to the bond and mortgage, he made default. Subsequently the plaintiff served an…
2Cases cited3 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Clark v. EldredNew York Supreme Court · 1889
3Cited by6 opinions
- Kilts v. NeahrAppellate Division of the Supreme Court of the State of New York · 1905
- Renz v. ErnstNew York Supreme Court · 1916
- Cohen v. CohenAppellate Division of the Supreme Court of the State of New York · 1941
- Dezendorf v. PoppkeAppellate Division of the Supreme Court of the State of New York · 1915
- Dezendorf v. PoppkeAppellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.