New York Court of Appeals
John A. Melahn v. Robert F. M. Hearn, Also Known as R. M. Hearn
November 29, 198360 N.Y.2d 944
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that the plaintiff's mortgage was extinguished because the purchaser's title became absolute after the statutory three‑year period, and that the plaintiff's due‑process claim was not preserved for review. The Court also allowed the plaintiff to replead a separate claim for foreclosure and deficiency on the bond.