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

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 25, 1945

StatusPublished

This text of 185 Misc. 116 (Paterno v. Eagar) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

185 Misc. 116, 55 N.Y.S.2d 407, 1945 N.Y. Misc. LEXIS 1853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paterno-v-eagar-nyappterm-1945.

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