Bankers Trust Co. v. Harry Rosenwasser, Inc.

Appellate Division of the Supreme Court of New York

Bankers Trust Co. v. Harry Rosenwasser, Inc.

257 A.D. 822, 11 N.Y.S.2d 823, 1939 N.Y. App. Div. LEXIS 8039

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 1939·Published

Opinion

In an action brought to foreclose a mortgage, in [823]*823which, the appellant mortgagor pleaded an agreement by the plaintiff to withhold foreclosure in consideration of an assignment of rents, resettled order granting plaintiff’s motion to strike out the answer of the appellant and for summary judgment affirmed, with ten dollars costs and disbursements. Under the agreement pleaded in the answer, the plaintiff promised to withhold its action for a period of one year only. It is not denied that the subsequent oral agreement to forbear for a further period was breached by defendant through failure to continue the monthly payments. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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In an action brought to foreclose a mortgage, in [823]*823which, the appellant mortgagor pleaded an agreement by the plaintiff to withhold foreclosure in consideration of an assignment of rents, resettled order granting plaintiff’s motion to strike out the answer of the appellant and for summary judgment affirmed, with ten dollars costs and disbursements. Under the agreement pleaded in the answer, the plaintiff promised to withhold its action for a period of one year only. It is not denied that the subsequent oral agreement to forbear for a further period was breached by defendant through failure to continue the monthly payments. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

Bankers Trust Co. v. Harry Rosenwasser, Inc., 257 A.D. 822, 11 N.Y.S.2d 823, 1939 N.Y. App. Div. LEXIS 8039 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 822 (Bankers Trust Co. v. Harry Rosenwasser, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.