Willemen v. Burke Building Co.

Appellate Division of the Supreme Court of New York

Willemen v. Burke Building Co.

235 A.D. 687

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

DecidedFebruary 15, 1932

StatusPublished

This text of 235 A.D. 687 (Willemen v. Burke Building Co.) 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

Willemen v. Burke Building Co., 235 A.D. 687 (N.Y. Ct. App. 1932).

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Opinion

Order reversed on the law and the facts, without costs, and motion granted to the extent of striking out the first, second, fourth and fifth items from the terms of sale. We are of opinion that, since the appellant mortgagee was not made a party defendant to the action prior to the entry of the first judgment of foreclosure and sale, its interests were not affected by that judgment and, therefore, the incumbrances after such sale may not be preferred by making the sale under the new and proper judgment subject to them. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Order reversed on the law and the facts, without costs, and motion granted to the extent of striking out the first, second, fourth and fifth items from the terms of sale. We are of opinion that, since the appellant mortgagee was not made a party defendant to the action prior to the entry of the first judgment of foreclosure and sale, its interests were not affected by that judgment and, therefore, the incumbrances after such sale may not be preferred by making the sale under the new and proper judgment subject to them. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

235 A.D. 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willemen-v-burke-building-co-nyappdiv-1932.