Armstrong v. Rogdon Holding Corp.

Appellate Division of the Supreme Court of New York

Armstrong v. Rogdon Holding Corp.

233 A.D. 674

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1931

StatusPublished

This text of 233 A.D. 674 (Armstrong v. Rogdon Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armstrong v. Rogdon Holding Corp., 233 A.D. 674 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the condition that the defendant Rogdon Holding Corporation, within ten days from service upon it of a copy of the order to be entered hereon, with notice of entry thereof, execute and deliver to plaintiff’s attorneys an undertaking pursuant to the provisions of section 598 of the Civil Practice Act, with sufficient sureties to be approved by a justice of the Supreme Court, that the defendant, appellant, will pay any deficiency which may occur upon the sale of the mortgaged premises under foreclosure herein, with interest and costs, and all expenses chargeable against the proceeds of the sale, not exceeding a sum to be fixed by a justice of the court below. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.

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Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the condition that the defendant Rogdon Holding Corporation, within ten days from service upon it of a copy of the order to be entered hereon, with notice of entry thereof, execute and deliver to plaintiff’s attorneys an undertaking pursuant to the provisions of section 598 of the Civil Practice Act, with sufficient sureties to be approved by a justice of the Supreme Court, that the defendant, appellant, will pay any deficiency which may occur upon the sale of the mortgaged premises under foreclosure herein, with interest and costs, and all expenses chargeable against the proceeds of the sale, not exceeding a sum to be fixed by a justice of the court below. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.

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Bluebook (online)

233 A.D. 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-rogdon-holding-corp-nyappdiv-1931.