Empire City Savings Bank v. McGrew — 248 N.Y. 521

Majority

p. 521

Empire City Savings Bank, Respondent, v. Alice McGrew, Appellant, Impleaded with Others.

Headnote

Appeal — order of Appellate Division affirming order of Special Term denying motion to stay proceedings, vacate a judgment of foreclosure and permit service of answer — appeal without permission to Court of Appeals dismissed.

Empire City Savings Bank v. McQrew, 221 App. Div. 843 , appeal dismissed.

(Submitted March 29, 1928;

decided April 13, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 14, 1927, which affirmed an order of Special Term denying defendant-appellant’s motion to stay the above-entitled action, to stay the delivery of a deed by the referee in this actign to the prospective purchaser, to vacate the judgment of foreclosure, upon the ground that all moneys due under the mortgage foreclosed have been

p. 522

paid, and to permit the defendant-appellant to interpose an answer.

Abraham L. Lazarus and Louis J. Elias for appellant.

Edward D. Bryde and Charles W. Dayton for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.