Emily A. Moulton, Respondent v. Nehemiah N. Cornish, Appellant

Summary

The Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that a strict foreclosure is not available in New York except in rare exceptional cases and that the plaintiff was not entitled to the relief granted. It also held that the judgment was a final, appealable judgment and that the plaintiff may foreclose her mortgage against the holder of the subsequent lien despite the earlier defective foreclosure.