Badger v. Johnston

Citations

• 106 A.D. 237
• 94 N.Y.S. 421

Syllabus

<p>Extra allowance in a judgment by default in a mortgage foreclosure — it is authorized, under a notice of application for judgment.</p> <p>•Section 3253 of the Code of Civil Procedure authorizes the granting of an extra allowance in a mortgage foreclosure action, even though the judgment is rendered upon default.</p> <p>If the notice of the application for judgment he broad enough, and be served upon the defendants who have appeared in the action, it is not necessary that a further-notice of the application for the extra allowance be served.</p>