Clinton Trust Co. v. Mahoney

Appellate Division of the Supreme Court of New York

Clinton Trust Co. v. Mahoney

252 A.D. 763, 299 N.Y.S. 32, 1937 N.Y. App. Div. LEXIS 6203

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

DecidedOctober 18, 1937

StatusPublished

Cited by7 cases

This text of 252 A.D. 763 (Clinton Trust Co. v. Mahoney) 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

Clinton Trust Co. v. Mahoney, 252 A.D. 763, 299 N.Y.S. 32, 1937 N.Y. App. Div. LEXIS 6203 (N.Y. Ct. App. 1937).

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Opinion

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.

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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.

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Bluebook (online)

252 A.D. 763, 299 N.Y.S. 32, 1937 N.Y. App. Div. LEXIS 6203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinton-trust-co-v-mahoney-nyappdiv-1937.

Opinion

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