Paterno v. Eagar

Appellate Terms of the Supreme Court of New York

Paterno v. Eagar

185 Misc. 116, 55 N.Y.S.2d 407, 1945 N.Y. Misc. LEXIS 1853

Appellate Terms of the Supreme Court of New York·Decided May 25, 1945·Published

Opinions

Memobandum Per Curiam.

This action is not an action to recover on the bond but seeks to obtain a deficiency judgment based upon a foreclosure action prosecuted in the State of New Jersey without personal service upon the defendant. The defendant not having been personally served in the foreclosure action, there is no right to a deficiency. (Durant v. Aendroth, 97 N. Y. 132.)

The order should be reversed, with $10 costs and disbursements, and motion granted.

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Memobandum Per Curiam.

This action is not an action to recover on the bond but seeks to obtain a deficiency judgment based upon a foreclosure action prosecuted in the State of New Jersey without personal service upon the defendant. The defendant not having been personally served in the foreclosure action, there is no right to a deficiency. (Durant v. Aendroth, 97 N. Y. 132.)

The order should be reversed, with $10 costs and disbursements, and motion granted.

Paterno v. Eagar, 185 Misc. 116, 55 N.Y.S.2d 407, 1945 N.Y. Misc. LEXIS 1853 (N.Y. Ct. App. 1945).

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