Queens-Nassau Mortgage Co. v. Graham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Queens-Nassau Mortgage Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 27th day of March, 1913, vacating and setting aside a judgment of foreclosure and sale.
1Opinion of the Court
Burr, J.:
This action was brought in the County Court of Queens county for the foreclosure of a mortgage upon real property situated in said county. Neither the answer of defendants, nor any demurrer interposed by them, is included in the printed record upon appeal, but the judgment of foreclosure and sale, which does appear therein, and which is one of the papers used on the motion resulting in the order appealed from, contains a recital that it was rendered after trial of the issues. We must assume, therefore, that an issue, either of fact or law, was raised and disposed of by trial in said…
2Cases cited4 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Matter of RyersNew York Court of Appeals · 1878
- In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
- In re MungerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Casterella v. CasterellaAppellate Division of the Supreme Court of the State of New York · 1978
- Moers v. GilbertNew York Supreme Court · 1941
- Cummings v. ChristensenNew York City Family Court · 1981
- Town of Hempstead v. ListengartNew York Supreme Court · 1949