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Clinton Trust Company v. Mahoney

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1937
252 App. Div. 763 (N.Y. App. Div. 1937)

Summary

In Clinton Trust Co. v. Mahoney (252 A.D. 763) an application to enter a deficiency judgment was denied because the motion was not returnable within a year.

Summary of this case from People v. Brenner

Opinion

October 18, 1937.


Order denying plaintiff leave to enter a deficiency judgment in foreclosure affirmed, with ten dollars costs and disbursements. It has been held and seems to be the law in this State that a motion is "made" when it is returned in court and not when the notice is served. ( Cleary v. New York State Railways, 199 App. Div. 28; Low v. Bankers Trust Co., 265 N.Y. 264.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.


Summaries of

Clinton Trust Company v. Mahoney

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1937
252 App. Div. 763 (N.Y. App. Div. 1937)

In Clinton Trust Co. v. Mahoney (252 A.D. 763) an application to enter a deficiency judgment was denied because the motion was not returnable within a year.

Summary of this case from People v. Brenner
Case details for

Clinton Trust Company v. Mahoney

Case Details

Full title:CLINTON TRUST COMPANY, as Trustee for Certificate Holders of Guarantee…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1937

Citations

252 App. Div. 763 (N.Y. App. Div. 1937)

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