Gale v. Lincox Realty Corp.

Appellate Division of the Supreme Court of New York

Gale v. Lincox Realty Corp.

10 A.D.2d 670, 196 N.Y.S.2d 917, 1960 N.Y. App. Div. LEXIS 11567

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

DecidedMarch 1, 1960

StatusPublished

This text of 10 A.D.2d 670 (Gale v. Lincox Realty 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

Gale v. Lincox Realty Corp., 10 A.D.2d 670, 196 N.Y.S.2d 917, 1960 N.Y. App. Div. LEXIS 11567 (N.Y. Ct. App. 1960).

Pincite

Opinion

Orders opening default in mortgage foreclosure and extending time of defendant to supply bond as condition to opening of default unanimously affirmed, with $20 costs and disbursements of the appeals to abide the event. It cannot be said that Special Term abused its discretion in granting either of the orders. Undoubtedly, the omission to join the transferee corporation may effect the ultimate relief to which defendant might be entitled if he succeeds on the merits. However, the present record, as distinguished from appellant’s brief, did not properly present the problem, if there be any, because of insufficient averment as to the purchase from plaintiff following the foreclosure sale. Defendant may be well advised, nevertheless, to take such steps as -would be appropriate with respect to the transferee corporation, or the transferee corporation may take appropriate steps (Civ. Prac. Act, § 193, subd. 3). Concur — Botein, P. J., Breitel, McNally, Stevens and Bastow, JJ.

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Orders opening default in mortgage foreclosure and extending time of defendant to supply bond as condition to opening of default unanimously affirmed, with $20 costs and disbursements of the appeals to abide the event. It cannot be said that Special Term abused its discretion in granting either of the orders. Undoubtedly, the omission to join the transferee corporation may effect the ultimate relief to which defendant might be entitled if he succeeds on the merits. However, the present record, as distinguished from appellant’s brief, did not properly present the problem, if there be any, because of insufficient averment as to the purchase from plaintiff following the foreclosure sale. Defendant may be well advised, nevertheless, to take such steps as -would be appropriate with respect to the transferee corporation, or the transferee corporation may take appropriate steps (Civ. Prac. Act, § 193, subd. 3). Concur — Botein, P. J., Breitel, McNally, Stevens and Bastow, JJ.

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Bluebook (online)

10 A.D.2d 670, 196 N.Y.S.2d 917, 1960 N.Y. App. Div. LEXIS 11567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gale-v-lincox-realty-corp-nyappdiv-1960.