150 N.Y.S. 792 | N.Y. App. Div. | 1914
This action was brought for the foreclosure of a second mortgage amounting to $25,000 on premises situated at Broome and Mott streets in the city of New York on which there was a first mortgage of $142,500. On June 23, 1914, at a public sale duly held by the referee appointed by the Supreme Court, the premises were knocked down to Antonio Fauci for $31,475, and he signed the terms of sale, which were prepared after submission to and revision by his attorney, and at the same time paid a deposit of $3,147.50 to the referee. The time set for closing-title was July 23, 1914, at noon, when the referee’s deed was to be ready for delivery. At that time the bid had been assigned to Peter Rinelli and Stephen Gfuardino, the respondents herein, whose attorney requested an adjournment of the closing because of objections to the title which had been raised by the title company. It was agreed to adjourn the closing until August third. At the final meéting on that day objections to the title were made in writing, and the referee’s deed then tendered was also objected to on the ground that changes had been made therein by inserting the names and addresses of the • grantees and the words “ their heirs ” after the execution and acknowledgment of the deed, the same having- been done by a third party. The purchasers tendered the balance of the consideration due but rejected the title proffered for the reasons given. Of the written objections the only ones which we deem to have had any force at the time were those based on the failure to make the wives of Lawrence Mulligan and Patrick H. Sullivan parties defendant in the action, and the failure to produce any releases of their inchoate right of dower in the premises. From the first of these two persons a release had been procured, but from the second no release had been obtained up to the time of the hearing and decision of the motion to relieve the purchasers. The objection that there were judgments of record against Patrick H. Sullivan, one of the owners of the equity of redemption, was not valid in view of the offer to allow the retention or deposit of a sum sufficient to
The order appealed from will, therefore, be modified by striking out the provision allowing the respondents $250 for their expenses in the examination of the title to the mortgaged premises, and as so modified affirmed, without costs.
Ingraham, P. J., McLaughlin, Scott and Hotchkiss, JJ., concurred.
Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.