Armstrong v. Spencer

Appellate Division of the Supreme Court of New York

Armstrong v. Spencer

277 A.D.2d 797

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1950·Published

Opinion

In an action to foreclose a mortgage on real property, defendant interposed a defense of the Statute of Limitations, pursuant to section 47-a of the Civil Practice Act. Plaintiff thereupon made a motion for complete or partial summary judgment, which was denied. Order affirmed, with $10 costs and disbursements. (Egan v. Carroll-Gar field Corp., 269 App. Div. 998, leave to appeal [798]*798denied, 269 App. Div. 1049; Ernst v. Schaack, 271 App. Div. 1012, affd. 297 N. Y. 566; Jackson Heights Apt. Corp., v. Staats, 272 App. Div. 780.) Nolan, P. J., Carswell, Johnston, Adel and MaeCrate, JJ., concur.

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In an action to foreclose a mortgage on real property, defendant interposed a defense of the Statute of Limitations, pursuant to section 47-a of the Civil Practice Act. Plaintiff thereupon made a motion for complete or partial summary judgment, which was denied. Order affirmed, with $10 costs and disbursements. (Egan v. Carroll-Gar field Corp., 269 App. Div. 998, leave to appeal [798]*798denied, 269 App. Div. 1049; Ernst v. Schaack, 271 App. Div. 1012, affd. 297 N. Y. 566; Jackson Heights Apt. Corp., v. Staats, 272 App. Div. 780.) Nolan, P. J., Carswell, Johnston, Adel and MaeCrate, JJ., concur.

Armstrong v. Spencer, 277 A.D.2d 797 (N.Y. Ct. App. 1950).

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