Astor v. Hotel St. Regis, Inc.

Appellate Division of the Supreme Court of New York

Astor v. Hotel St. Regis, Inc.

243 A.D. 509

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published

Opinion

Order reversed, with twenty dollars costs and disbursements, and motion granted. No triable issue of fact is presented by the affidavits submitted in opposition to the motion. The pendency of the controversy between the parties as to the furniture in the hotel constitutes no defense to the foreclosure of the mortgage affecting the realty. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Martin, J., dissents and votes for affirmance.

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Order reversed, with twenty dollars costs and disbursements, and motion granted. No triable issue of fact is presented by the affidavits submitted in opposition to the motion. The pendency of the controversy between the parties as to the furniture in the hotel constitutes no defense to the foreclosure of the mortgage affecting the realty. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Martin, J., dissents and votes for affirmance.

Astor v. Hotel St. Regis, Inc., 243 A.D. 509 (N.Y. Ct. App. 1934).

Pincite

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