Jad Realty Corp. v. Marathon Steam Laundry Co.

Appellate Division of the Supreme Court of New York

Jad Realty Corp. v. Marathon Steam Laundry Co.

231 A.D. 864

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

DecidedDecember 15, 1930

StatusPublished

This text of 231 A.D. 864 (Jad Realty Corp. v. Marathon Steam Laundry Co.) 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

Jad Realty Corp. v. Marathon Steam Laundry Co., 231 A.D. 864 (N.Y. Ct. App. 1930).

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Opinion

Judgment of foreclosure entered May 19, 1930, modified by providing that parcel II shall not be sold unless it appears on the proceedings under the judgment that the proceeds resulting from the sale of parcel I are insufficient to meet or to liquidate the amount of the judgment. In the event that it is insufficient in this regard then and only then may parcel II be sold to meet such deficiency. (Shipman v. Niles, 75 App. Div. 451; affd., 177 N. Y. 527.) As thus modified the judgment is unanimously affirmed, with costs to appellant. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present—'Lazansky, P. J., Young, Kapper, Carswell and Seudder, JJ. Settle order on notice.

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Judgment of foreclosure entered May 19, 1930, modified by providing that parcel II shall not be sold unless it appears on the proceedings under the judgment that the proceeds resulting from the sale of parcel I are insufficient to meet or to liquidate the amount of the judgment. In the event that it is insufficient in this regard then and only then may parcel II be sold to meet such deficiency. (Shipman v. Niles, 75 App. Div. 451; affd., 177 N. Y. 527.) As thus modified the judgment is unanimously affirmed, with costs to appellant. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present—'Lazansky, P. J., Young, Kapper, Carswell and Seudder, JJ. Settle order on notice.

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231 A.D. 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jad-realty-corp-v-marathon-steam-laundry-co-nyappdiv-1930.

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