Legal Opinion
First Nationwide Bank v. Pegasus Agency, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 31, 1998PublishedCited by 6 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, Westchester County (Donovan, J.), dated September 15, 1997, as denied that branch of its motion which was for leave to enter a deficiency judgment against the defendants.
Ordered that the order is affirmed insofar as appealed from, with costs.
The record establishes that neither the defendants nor their attorneys were served with the notice of motion for leave to enter a deficiency judgment in accordance with the provisions of RPAPL 1371 (2), and there is no…
2Cases cited4 opinions
- 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
- Bianco v. ColesAppellate Division of the Supreme Court of the State of New York · 1987
- Gateway State Bank v. PumaAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
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- Trustco Bank v. The Preserve Dev. Group Co., LLCAppellate Division of the Supreme Court of the State of New York · 2021
- JDRMDBP-SM, LLC v. HossainAppellate Division of the Supreme Court of the State of New York · 2023
- 11-36 31st Ave. Lender, LLC v. RM Newman, LLCAppellate Division of the Supreme Court of the State of New York · 2026
- RTC Mortgage Trust 1995-S/N1 v. R&C General Contractors Corp.Appellate Division of the Supreme Court of the State of New York · 2002
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