Allied Building Credits, Inc. v. Vallieu

Appellate Division of the Supreme Court of New York

Allied Building Credits, Inc. v. Vallieu

20 A.D.2d 604, 245 N.Y.S.2d 489, 1963 N.Y. App. Div. LEXIS 2593

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1963

StatusPublished

This text of 20 A.D.2d 604 (Allied Building Credits, Inc. v. Vallieu) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allied Building Credits, Inc. v. Vallieu, 20 A.D.2d 604, 245 N.Y.S.2d 489, 1963 N.Y. App. Div. LEXIS 2593 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal from an order of the Supreme Court, Montgomery County, striking appellants’ answer as sham and frivolous and granting summary judgment in favor of respondent. Respondent seeks to foreclose an alleged mortgage on appellants’ premises. Appellants in their answer and affidavits in opposition to the motion to strike assert that they did not execute a mortgage on the premises in dispute and that if their signatures appear on such a document they were obtained through fraud or deceit. First we agree with appellants’ contention that the alleged mortgage should have been produced and considered by the court below prior to rendering summary judgment (see La Salle Extension Univ. v. Mandel, 27 N. Y. S. 2d 625). Additionally we do not find appellants’ answer sham and frivolous. If events-transpired as appellants allege, it could well be that they are unaware as to how the document in question came into existence. The papers before the Special Term presented factual issues. Order and judgment reversed, with costs to abide the event. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Appeal from an order of the Supreme Court, Montgomery County, striking appellants’ answer as sham and frivolous and granting summary judgment in favor of respondent. Respondent seeks to foreclose an alleged mortgage on appellants’ premises. Appellants in their answer and affidavits in opposition to the motion to strike assert that they did not execute a mortgage on the premises in dispute and that if their signatures appear on such a document they were obtained through fraud or deceit. First we agree with appellants’ contention that the alleged mortgage should have been produced and considered by the court below prior to rendering summary judgment (see La Salle Extension Univ. v. Mandel, 27 N. Y. S. 2d 625). Additionally we do not find appellants’ answer sham and frivolous. If events-transpired as appellants allege, it could well be that they are unaware as to how the document in question came into existence. The papers before the Special Term presented factual issues. Order and judgment reversed, with costs to abide the event. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

20 A.D.2d 604, 245 N.Y.S.2d 489, 1963 N.Y. App. Div. LEXIS 2593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-building-credits-inc-v-vallieu-nyappdiv-1963.