Sarah Nutt v. James R. Cuming, Appellant, Impleaded With Thomas Kerrigan; Edward L. Carey, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that a judgment lien expires after ten years and therefore Cuming's lien could not attach to the surplus from the foreclosure sale that occurred after that period. The court reasoned that only liens existing at the time of the sale are transferred to the surplus. Justice O’Brien dissented, arguing that the lien should survive and the surplus should be paid to the judgment creditor.