Damiano v. Birch River Construction Inc.

Appellate Division of the Supreme Court of New York

Damiano v. Birch River Construction Inc.

17 A.D.2d 645, 1962 N.Y. App. Div. LEXIS 8702

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

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 645 (Damiano v. Birch River Construction Inc.) 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

Damiano v. Birch River Construction Inc., 17 A.D.2d 645, 1962 N.Y. App. Div. LEXIS 8702 (N.Y. Ct. App. 1962).

Pincite

Opinion

Motion by appellant for a stay, pending appeal, from judgment of foreclosure and sale, denied on condition that prior to the sale of the mortgaged premises, the plaintiff-respondent-mortgagee shall either: (a) deposit the sum of $700 with the Clerk of the court, which is to be held as security for the payment of the Federal tax liens in the event that appellant should succeed on the appeal; [646]*646or (b) file an undertaking, with corporate surety, for $700 to the same effect. Upon default in compliance with these conditions, the stay is granted. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.

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Motion by appellant for a stay, pending appeal, from judgment of foreclosure and sale, denied on condition that prior to the sale of the mortgaged premises, the plaintiff-respondent-mortgagee shall either: (a) deposit the sum of $700 with the Clerk of the court, which is to be held as security for the payment of the Federal tax liens in the event that appellant should succeed on the appeal; [646]*646or (b) file an undertaking, with corporate surety, for $700 to the same effect. Upon default in compliance with these conditions, the stay is granted. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

17 A.D.2d 645, 1962 N.Y. App. Div. LEXIS 8702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damiano-v-birch-river-construction-inc-nyappdiv-1962.