Legal Opinion
Clinton Trust Co. v. Mahoney
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 1937PublishedCited by 7 opinions
1Opinion of the Court
Order denying plaintiff leave to enter a deficiency judgment in foreclosure affirmed, with ten dollars costs and disbursements. It has been held and seems to be the law in this State that a motion is “ made ” when it is returned in court and not when the notice is served. (Cleary v. New York State Railways, 199 App. Div. 28; Low v. Bankers Trust Co., 265 N. Y. 264.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.
2Cases cited2 opinions
- Low v. Bankers Trust Co.New York Court of Appeals · 1934
- Cleary v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by7 opinions
- People v. Midland InsuranceNew York Supreme Court · 1978
- Jamaica Savings Bank v. Risian Realty Corp.New York Supreme Court · 1937
- Carretta v. EvansAppellate Division of the Supreme Court of the State of New York · 1938
- Watkins v. Pacific Finance Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- People v. Brenner, New York County Courts1938
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