Paterno v. Eagar

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1945-05-25
Citations: 185 Misc. 116, 55 N.Y.S.2d 407, 1945 N.Y. Misc. LEXIS 1853
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Lead Opinion
Memobandum Per Curiam.

This action is not an action to recover on the bond but seeks to obtain a deficiency judgment based upon a foreclosure action prosecuted in the State of New Jersey without personal service upon the defendant. The defendant not having been personally served in the foreclosure action, there is no right to a deficiency. (Durant v. Aendroth, 97 N. Y. 132.)

The order should be reversed, with $10 costs and disbursements, and motion granted.