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

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

DecidedMay 19, 1947

StatusPublished

This text of 272 A.D.2d 824 (Bay Ridge Savings Bank v. Gussow) 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

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

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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.

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Bluebook (online)

272 A.D.2d 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bay-ridge-savings-bank-v-gussow-nyappdiv-1947.

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