Leckey v. McQuade

Appellate Division of the Supreme Court of New York

Leckey v. McQuade

13 A.D.2d 682, 213 N.Y.S.2d 825, 1961 N.Y. App. Div. LEXIS 11519

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

DecidedApril 10, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 682 (Leckey v. McQuade) 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

Leckey v. McQuade, 13 A.D.2d 682, 213 N.Y.S.2d 825, 1961 N.Y. App. Div. LEXIS 11519 (N.Y. Ct. App. 1961).

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Opinion

In an action to foreclose a mortgage on real property, the McQuade defendants, the owners of the property, appeal from two orders of the Supreme Court, Nassau County: one, entered September 19, 1960, denying their motion to open their default, to vacate the judgment of foreclosure and sale and to permit them to serve an answer; and one, entered November 30, 1960, denying their motion for the [683]*683same relief and for the additional relief of setting aside the sale and the Referee’s deed pursuant to such judgment. Appeal from the first order dismissed, without costs. The appeal from this order was not taken within the time prescribed by law. (Civ. Prac. Act, § 612.) The second order in effect denies reargument of the motion which resulted in the first order. Insofar as such second order denies reargument it is not appealable and the appeal therefrom is dismissed, without costs. Insofar as it may be deemed to constitute the denial of a new motion for the additional relief mentioned, it is affirmed on the merits, without costs. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.

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In an action to foreclose a mortgage on real property, the McQuade defendants, the owners of the property, appeal from two orders of the Supreme Court, Nassau County: one, entered September 19, 1960, denying their motion to open their default, to vacate the judgment of foreclosure and sale and to permit them to serve an answer; and one, entered November 30, 1960, denying their motion for the [683]*683same relief and for the additional relief of setting aside the sale and the Referee’s deed pursuant to such judgment. Appeal from the first order dismissed, without costs. The appeal from this order was not taken within the time prescribed by law. (Civ. Prac. Act, § 612.) The second order in effect denies reargument of the motion which resulted in the first order. Insofar as such second order denies reargument it is not appealable and the appeal therefrom is dismissed, without costs. Insofar as it may be deemed to constitute the denial of a new motion for the additional relief mentioned, it is affirmed on the merits, without costs. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 682, 213 N.Y.S.2d 825, 1961 N.Y. App. Div. LEXIS 11519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leckey-v-mcquade-nyappdiv-1961.

Opinion

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