Bennet v. Harvey

Appellate Division of the Supreme Court of New York

Bennet v. Harvey

255 A.D. 860, 7 N.Y.S.2d 1009, 1938 N.Y. App. Div. LEXIS 5677

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

DecidedNovember 14, 1938

StatusPublished

This text of 255 A.D. 860 (Bennet v. Harvey) 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

Bennet v. Harvey, 255 A.D. 860, 7 N.Y.S.2d 1009, 1938 N.Y. App. Div. LEXIS 5677 (N.Y. Ct. App. 1938).

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Opinion

In an action to foreclose a mortgage on real property, the answer alleges, as an affirmative defense, the existence of an agreement modify[861]*861ing the terms of the mortgage so as to reduce the rate of interest on the indebtedness. Order granting plaintiff’s motion for summary judgment striking out appellants’ answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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In an action to foreclose a mortgage on real property, the answer alleges, as an affirmative defense, the existence of an agreement modify[861]*861ing the terms of the mortgage so as to reduce the rate of interest on the indebtedness. Order granting plaintiff’s motion for summary judgment striking out appellants’ answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

255 A.D. 860, 7 N.Y.S.2d 1009, 1938 N.Y. App. Div. LEXIS 5677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennet-v-harvey-nyappdiv-1938.