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Velleman v. Rohrig

Court of Appeals of the State of New York
Nov 24, 1908
86 N.E. 476 (N.Y. 1908)

Summary

In Velleman v. Rohrig (193 N.Y. 439) it was held that an order for the distribution of surplus moneys in foreclosure is a special proceeding and not a proceeding in the action.

Summary of this case from House v. Amsdell Brewing Malting Co.

Opinion

Argued November 10, 1908

Decided November 24, 1908

Frank M. Avery for appellants. Austen G. Fox and Max L. Schallek for respondent.


Upon the argument it was insisted by the learned counsel for the respondent that no appeal could be taken to this court, without permission, from an order for the distribution of surplus moneys arising upon the foreclosure of a mortgage by action.

Such appeals have been before us since the adoption of the revised Constitution, and we have uniformly held that we had jurisdiction to decide them, because such orders, even if entitled in the action, are not made therein, but in a special proceeding commenced after the action is ended by a final judgment which effects every object that the action was brought to accomplish. ( Bushwick Savings Bank v. Traum, 158 N.Y. 668; 26 App. Div. 532.) As it seems that we have made no public announcement of the rule, for in the case cited we affirmed on the opinion below and in other cases without an opinion, we now announce it for the information of the profession.

We think that the action of the courts below in the proceeding now before us was in accordance with law for the reasons stated in the prevailing opinion of the Appellate Division, and we, therefore, affirm the order appealed from, with costs.

CULLEN, Ch. J., GRAY, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.

Order affirmed.


Summaries of

Velleman v. Rohrig

Court of Appeals of the State of New York
Nov 24, 1908
86 N.E. 476 (N.Y. 1908)

In Velleman v. Rohrig (193 N.Y. 439) it was held that an order for the distribution of surplus moneys in foreclosure is a special proceeding and not a proceeding in the action.

Summary of this case from House v. Amsdell Brewing Malting Co.
Case details for

Velleman v. Rohrig

Case Details

Full title:JOSHUA VELLEMAN, Plaintiff, v . WILLIAM F. ROHRIG et al., Defendants…

Court:Court of Appeals of the State of New York

Date published: Nov 24, 1908

Citations

86 N.E. 476 (N.Y. 1908)
86 N.E. 476

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