Sonnenberg v. McMahon

Appellate Division of the Supreme Court of New York

Sonnenberg v. McMahon

37 A.D.2d 608, 323 N.Y.S.2d 930, 1971 N.Y. App. Div. LEXIS 3807

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

DecidedJune 21, 1971

StatusPublished

This text of 37 A.D.2d 608 (Sonnenberg v. McMahon) 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

Sonnenberg v. McMahon, 37 A.D.2d 608, 323 N.Y.S.2d 930, 1971 N.Y. App. Div. LEXIS 3807 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR in which a judgment was entered in favor of petitioner, directing the Sheriff of Westchester County to deliver to petitioner a deed to certain real property, one of the former owners of the property appeals from an order of the Supreme Court, Westchester County, entered February 24, 1971, which denied his motion to vacate the judgment and to declare the deed void. Order affirmed, with $10 costs and disbursements to respondent Sonnenberg. No opinion. Martuseello, Acting [609]*609P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum : I believe appellant’s default was inadvertent. He ought to be afforded an opportunity to redeem.

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In a proceeding pursuant to article 78 of the CPLR in which a judgment was entered in favor of petitioner, directing the Sheriff of Westchester County to deliver to petitioner a deed to certain real property, one of the former owners of the property appeals from an order of the Supreme Court, Westchester County, entered February 24, 1971, which denied his motion to vacate the judgment and to declare the deed void. Order affirmed, with $10 costs and disbursements to respondent Sonnenberg. No opinion. Martuseello, Acting [609]*609P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum : I believe appellant’s default was inadvertent. He ought to be afforded an opportunity to redeem.

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Bluebook (online)

37 A.D.2d 608, 323 N.Y.S.2d 930, 1971 N.Y. App. Div. LEXIS 3807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonnenberg-v-mcmahon-nyappdiv-1971.