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Nepivoda v. Pekurne

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1933
239 App. Div. 854 (N.Y. App. Div. 1933)

Opinion

May, 1933.


None of the questions raised by the appellants requires discussion in a written memorandum unless it be a fact that the judgment of foreclosure directs the sale of real property which previously has been released from the lien of the mortgage. If this be true, it should be corrected by proper proceedings and amendments in the County Court of Ulster county, and the suit is remitted for that purpose. The order should be affirmed and matter remitted to Ulster County Court for such action as may be required concerning property, if any, released from the lien of the mortgage but included in the judgment of foreclosure. Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur. Order affirmed, and matter remitted to Ulster County Court for such action as may be required concerning property, if any, released from the lien of the mortgage but included in the judgment of foreclosure, without costs.


Summaries of

Nepivoda v. Pekurne

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1933
239 App. Div. 854 (N.Y. App. Div. 1933)
Case details for

Nepivoda v. Pekurne

Case Details

Full title:JOSEPH NEPIVODA, Respondent, v. JOHN PEKURNE and Another, Appellants

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

Date published: May 1, 1933

Citations

239 App. Div. 854 (N.Y. App. Div. 1933)