Although the order on appeal states that the IAS court found that plaintiff's service of its motion for a deficiency judgment was "defective," the clear import of the IAS court's decision, made after a traverse hearing, is that neither defendant obtained any kind of notice of such motion within the 90-day period, commencing with delivery of the referee's deed, for making such a motion (RPAPL 1371 [2]; see Arbor Natl. Commercial Mtge. v Carmans Plaza,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
CADLEROCK JOINT VENTURE, L.P. v. McHUGH
5 A.D.3d 295 (2004)
773 N.Y.S.2d 538
CADLEROCK JOINT VENTURE, L.P., Appellant, v. EILEEN S. McHUGH et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 25, 2004.
March 25, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.