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EAST NEW YORK BANK v. HAHN

No. 62.

326 U.S. 230 (1945)

EAST NEW YORK SAVINGS BANK v. HAHN ET UX.

Supreme Court of United States.

Decided November 5, 1945.

Attorney(s) appearing for the Case

Mr. John P. McGrath for appellant.

Orrin G. Judd, Solicitor General of New York, for appellees.

Briefs were filed by Nathaniel L. Goldstein, Attorney General of New York, Orrin G. Judd, Solicitor General, and Saul A. Shames, Assistant Attorney General, on behalf of the State of New York, as amicus curiae, urging affirmance; and by Mr. George R. Fearon on behalf of the Savings Banks Association of the State of New York, as amicus curiae, urging reversal.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This was an action begun in 1944 to foreclose a mortgage on real property in the City of New York for nonpayment of principal that had become due in 1924. The trial court held that the foreclosure proceeding was barred by the applicable New York Moratorium Law. 182 Misc. 863, 51 N.Y.S.2d 496. This Law, Chapter 93 of the Laws of New York of 1943, extended for another...

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