Union Mortgagee Corp. v. Ralph

Appellate Division of the Supreme Court of New York

Union Mortgagee Corp. v. Ralph

73 A.D.2d 668, 423 N.Y.S.2d 836, 1979 N.Y. App. Div. LEXIS 14517

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

DecidedDecember 24, 1979

StatusPublished

This text of 73 A.D.2d 668 (Union Mortgagee Corp. v. Ralph) 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

Union Mortgagee Corp. v. Ralph, 73 A.D.2d 668, 423 N.Y.S.2d 836, 1979 N.Y. App. Div. LEXIS 14517 (N.Y. Ct. App. 1979).

Pincite

Opinion

In an action to foreclose a mortgage, in which plaintiff had been granted a default judgment and a traverse [669]*669hearing had been ordered on the application by defendants Ralph to vacate the judgment, defendants Ralph appeal from an order of the Supreme Court, Suffolk County, dated July 9, 1979, which denied their motion to set aside and vacate the dismissal of the afore-mentioned traverse. Order reversed, on the law, with $50 costs and disbursements, motion granted and matter remitted to Special Term for a traverse hearing. Since counsel for the appellants complied with the rules of practice governing requests for adjournments due to counsel’s actual court engagement elsewhere (see 22 NYCRR 790.11), Special Term should have granted the requested adjournment. Failing that, Special Term erred in refusing to vacate its dismissal of the traverse. Lazer, J. P., Gulotta, Cohalan and Gibbons, JJ., concur.

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In an action to foreclose a mortgage, in which plaintiff had been granted a default judgment and a traverse [669]*669hearing had been ordered on the application by defendants Ralph to vacate the judgment, defendants Ralph appeal from an order of the Supreme Court, Suffolk County, dated July 9, 1979, which denied their motion to set aside and vacate the dismissal of the afore-mentioned traverse. Order reversed, on the law, with $50 costs and disbursements, motion granted and matter remitted to Special Term for a traverse hearing. Since counsel for the appellants complied with the rules of practice governing requests for adjournments due to counsel’s actual court engagement elsewhere (see 22 NYCRR 790.11), Special Term should have granted the requested adjournment. Failing that, Special Term erred in refusing to vacate its dismissal of the traverse. Lazer, J. P., Gulotta, Cohalan and Gibbons, JJ., concur.

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Bluebook (online)

73 A.D.2d 668, 423 N.Y.S.2d 836, 1979 N.Y. App. Div. LEXIS 14517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-mortgagee-corp-v-ralph-nyappdiv-1979.