Brovender v. Williams

Appellate Division of the Supreme Court of New York

Brovender v. Williams

3 A.D.2d 841, 161 N.Y.S.2d 439, 1957 N.Y. App. Div. LEXIS 5953

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

DecidedApril 8, 1957

StatusPublished

Cited by2 cases

This text of 3 A.D.2d 841 (Brovender v. Williams) 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

Brovender v. Williams, 3 A.D.2d 841, 161 N.Y.S.2d 439, 1957 N.Y. App. Div. LEXIS 5953 (N.Y. Ct. App. 1957).

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Opinion

In an action to foreclose a mortgage on real property, judgment of foreclosure and sale was granted and signed. One of the co-owners of the mortgaged premises, defendant James Williams, died on the next day. The judgment was entered three days after the death. Thereafter a sale was held as directed by the judgment, and the premises were sold and conveyed to the mortgagee, respondent herein. A motion was made by the widow of defendant Williams on her own behalf and by her on behalf of his surviving children to vacate the sale, to vacate the judgment, to permit the aforesaid persons, two of whom are infants, to intervene as parties defendant, and for other relief. The appeal is from an order dated October 19, 1956 denying that motion and from an order dated October 29, 1956 which on reargument adhered to the original decision. Order dated October 29, 1956 affirmed, with $10 costs and disbursements. The judgment was properly entered. It is valid and binding on defendant Williams, his heirs, and representatives, and may be enforced against the real property. (Civ. Prae. Act, § 478; Harrison v. Simons, 3 Edw. Ch. 394; Hays v. Thomae, 56 N. Y. 521.) Appeal from order dated October 19, 1956 dismissed, without costs. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur. [See post, p. 937.]

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In an action to foreclose a mortgage on real property, judgment of foreclosure and sale was granted and signed. One of the co-owners of the mortgaged premises, defendant James Williams, died on the next day. The judgment was entered three days after the death. Thereafter a sale was held as directed by the judgment, and the premises were sold and conveyed to the mortgagee, respondent herein. A motion was made by the widow of defendant Williams on her own behalf and by her on behalf of his surviving children to vacate the sale, to vacate the judgment, to permit the aforesaid persons, two of whom are infants, to intervene as parties defendant, and for other relief. The appeal is from an order dated October 19, 1956 denying that motion and from an order dated October 29, 1956 which on reargument adhered to the original decision. Order dated October 29, 1956 affirmed, with $10 costs and disbursements. The judgment was properly entered. It is valid and binding on defendant Williams, his heirs, and representatives, and may be enforced against the real property. (Civ. Prae. Act, § 478; Harrison v. Simons, 3 Edw. Ch. 394; Hays v. Thomae, 56 N. Y. 521.) Appeal from order dated October 19, 1956 dismissed, without costs. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur. [See post, p. 937.]

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Bluebook (online)

3 A.D.2d 841, 161 N.Y.S.2d 439, 1957 N.Y. App. Div. LEXIS 5953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brovender-v-williams-nyappdiv-1957.

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