79 A.D. 53 | N.Y. App. Div. | 1903
The plaintiff in this action foreclosed a mortgage for $10,000, upon which there was due $3,000. The defendant Graves claimed an interest in the premises by virtue of a mechanic’s lien for $550. This lien, if it was a lien, was subject to judgment of foreclosure of prior mortgages aggregating $43,310.25 and four other liens which brought the total prior liens upon the premises up to $44,340.05. Graves had appeared in the action and had waived notice of all proceedings except notice of sale and surplus proceedings. It is not disputed that he had no other notice than that which is required by the statute, by publication. The other lienors who were -ahead of the defendant Graves had notice of the sale, but did not intervene to protect their claims,, and the property was sold on the 19th day of March, 1902. The plaintiff bid in the property, and there is nothing before this court to show that he did not pay all that the property was worth, in view of the liens upon it. He subsequently made extensive repairs upon the premises at a cost of over $6,000, and then transferred the same to his son, and a new mortgage has been given to the Title Guarantee and Trust Company on the premises. Nearly five months ■ after the sale of the j>remises, the defendant Graves moved the Supreme Court at Special Term to set aside the sale, and from the order granted this appeal is taken.
' The order appealed from should be- reversed and the motion denied, with costs:
Bartlett, Hirschberg- and Jenks, JJ., concurred; Goodrich* P. J., concurred in result.
Order reversed, with ten dollars costs and disbursements.