Lincoln Trust Co. v. Fullaytar 232 N.Y. 600

Lincoln Trust Company, Respondent, v. Ferdinand J. Fullaytar et al., Defendants, and Neumont Realty Corporation, Respondent. Forty-fifth Street Realty Company, Respondent; James J. McCarren, Appellant.

Appeal — order of Appellate Division reversing order of Special Term, which denied motion to set aside a judicial sale not a final order.

Lincoln Trust Co. v. Fullaytar, 198 App. Div. 530, appeal dismissed.

(Argued January 9, 1922;

decided January 24, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 18, 1921, which reversed an order of Special Term denying a motion to set aside a sale of premises directed to be sold pursuant to a judgment of foreclosure and sale.

William J. Martin and Patrick J. Dobson for appellant. Middleton S. Borland and Percy F. Griffin for plaintiff, respondent.

Joseph J. Corn, Louis Franklin Lee and Bernard - H. King for Neumont Realty Corporation et al., respondents.