Crocker v. . Lewis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 14, 1894, which reversed an- order of Special Term denying a motion to confirm the referee’s report as to surplus moneys -arising upon a sale herein.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 14, 1894, which reversed an- order of Special Term denying a motion to confirm the referee’s report as to surplus moneys -arising upon a sale herein. This action was for the foreclosure of a mortgage executed by the defendants Ervin C. Gollner and wife, defendants Watson & Pittinger, respondents, claiming the surplus as holders of a junior mortgage on the premises, and the Special Term awarded it to them. The facts, so far as material, are stated in the opinion. The…
1Opinion of the CourtGray, J.
Upon the sale in foreclosure, in this action, there resulted a surplus; which is claimed, on the one hand, by the respondents^ by virtue of their mortgage, and, on the other hand, by the appellant, by virtue of a judgment for costs, recovered by him in a suit, notice of pendency of which was filed before the respondents took their mortgage. The respondents’ mortgage was junior to the plaintiffs’; but, prior to its making, Lewis, the appellant, had commenced an action in the City Court of Brooklyn, against the mortgagor of the property, Gollner, to restrain him from erecting flats or apartment…
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