Bennet v. Harvey
255 A.D. 860, 7 N.Y.S.2d 1009, 1938 N.Y. App. Div. LEXIS 5677
Appellate Division of the Supreme Court of the State of New York·Decided November 14, 1938·Published
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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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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