Tinkleman v. 415 East 12th Street Corp.

Appellate Division of the Supreme Court of New York

Tinkleman v. 415 East 12th Street Corp.

254 A.D. 731, 6 N.Y.S.2d 92, 1938 N.Y. App. Div. LEXIS 7354

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1938·Published

Opinion

Order unanimously modified by providing that the judgment of foreclosure and sale, dated January 10, 1935, be vacated only to the extent that it adjudges Howilo Real Estate Co., Inc., to be liable to the plaintiff on its bond and allowing said defendant to interpose and file its verified answer to the amended complaint with respect to its liability for any deficiency, upon condition, however, that said defendant be bound by all other proceedings heretofore had in the action, and as so modified affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Untermyer, Cohn and Callahan, JJ.

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Order unanimously modified by providing that the judgment of foreclosure and sale, dated January 10, 1935, be vacated only to the extent that it adjudges Howilo Real Estate Co., Inc., to be liable to the plaintiff on its bond and allowing said defendant to interpose and file its verified answer to the amended complaint with respect to its liability for any deficiency, upon condition, however, that said defendant be bound by all other proceedings heretofore had in the action, and as so modified affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Untermyer, Cohn and Callahan, JJ.

Tinkleman v. 415 East 12th Street Corp., 254 A.D. 731, 6 N.Y.S.2d 92, 1938 N.Y. App. Div. LEXIS 7354 (N.Y. Ct. App. 1938).

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254 A.D. 731 (Tinkleman v. 415 East 12th Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.