Bay Ridge Savings Bank v. Gussow

Appellate Division of the Supreme Court of New York

Bay Ridge Savings Bank v. Gussow

272 A.D.2d 824

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1947·Published

Opinion

Order denying appellant’s motion for judgment on the pleadings affirmed, with $10 costs and disbursements. The amended cross complaint alleges the full amount of the mortgages to be in default as of their due dates. Section 47-a of the Civil Practice Act was properly alleged as an affirmative defense. (Kirschner V. Cohn, 270 App. Div. 126; Jackson Heights Apartment Corp. V. Staats, 272 App. Div. 780.) Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., concur.

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Order denying appellant’s motion for judgment on the pleadings affirmed, with $10 costs and disbursements. The amended cross complaint alleges the full amount of the mortgages to be in default as of their due dates. Section 47-a of the Civil Practice Act was properly alleged as an affirmative defense. (Kirschner V. Cohn, 270 App. Div. 126; Jackson Heights Apartment Corp. V. Staats, 272 App. Div. 780.) Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., concur.

Bay Ridge Savings Bank v. Gussow, 272 A.D.2d 824 (N.Y. Ct. App. 1947).

Pincite

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Opinion

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