Legal Opinion
Avco Financial Services Trust v. Bentley
New York Supreme Court
Decided October 15, 1982PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
William W. Serra, J.
Plaintiff seeks judgment of foreclosure and sale of mortgaged premises. The defendant mortgagors have defaulted in appearance, and no defenses have been raised by the other defendants. The application has been made upon affidavit that no payments of principal or interest have been made, and, therefore, no reference to compute has been required.
The mortgage by its terms provides for reasonable counsel fees if permitted by law to be included in the judgment in addition to the costs of the action. The plaintiff’s attorney has, by affidavit, sought an…
2Cases cited10 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- First National Bank v. BrowerNew York Court of Appeals · 1977
- Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Weidman v. Tomaselli, New York County Courts1975
- Klein v. SharpAppellate Division of the Supreme Court of the State of New York · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Matter of Nicfur-Cruz Realty Corp.United States Bankruptcy Court, S.D. New York · 1985
- Sekeres v. ArbaughOhio Supreme Court · 1987
- Naugatuck Savings Bank v. GrossAppellate Division of the Supreme Court of the State of New York · 1995
- National Union Fire Insurance v. HartelDistrict Court, S.D. New York · 1992
- In re the Estate of SchmidtNew York Surrogate's Court · 1986
1 more not listed; retrieve them via the Exa API.