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Pawling Sav. Bank v. Warlock Enterprises Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 280 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

Appeal from the Supreme Court, Orange County (Barone, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Orange County, for further proceedings consistent herewith.

The Supreme Court erred in dismissing the plaintiff's application without directing a hearing on the issue of whether the application was properly served on the attorneys for the defendant Anthony P. Costa pursuant to CPLR 310 (a) and 308 (2) (see, RPAPL 1371). If the court ultimately concludes that there is no procedural impediment to consideration of the plaintiff's application, then a hearing should be held to determine the amount of the deficiency, if any.

We further note that while the order appealed from recites that the plaintiff's application for leave "to enter a deficiency judgment against the defendants is denied", the Supreme Court failed to discuss that branch of the plaintiff's application which sought relief against the defendant Warlock Enterprises Co. Upon remittal, it should do so. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.


Summaries of

Pawling Sav. Bank v. Warlock Enterprises Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 280 (N.Y. App. Div. 1995)
Case details for

Pawling Sav. Bank v. Warlock Enterprises Co.

Case Details

Full title:PAWLING SAVINGS BANK, Appellant, v. WARLOCK ENTERPRISES CO. et al.…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 280 (N.Y. App. Div. 1995)
627 N.Y.S.2d 986