Brown v. Randazzo

Appellate Division of the Supreme Court of New York

Brown v. Randazzo

258 A.D. 748, 15 N.Y.S.2d 425, 1939 N.Y. App. Div. LEXIS 6747

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

DecidedOctober 31, 1939

StatusPublished

This text of 258 A.D. 748 (Brown v. Randazzo) 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

Brown v. Randazzo, 258 A.D. 748, 15 N.Y.S.2d 425, 1939 N.Y. App. Div. LEXIS 6747 (N.Y. Ct. App. 1939).

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Opinion

In an action for the foreclosure of a mortgage on real estate, resettled order of the County Court of Nassau county granting the motion of plaintiffs for an order striking out the answer of the defendant Thomas G. Randazzo “ to the extent of granting an order appointing a referee to take proof and report as to the taxes and/or interest in arrears, if any ” reversed on the law, without costs, and the matter remitted to the County Court of Nassau county for the entry of an order in due form in that phase thereof which contemplates summary judgment. Although in our opinion, the plaintiffs, upon this record, are entitled to summary judgment, no triable issue being disclosed, the order appealed from fails to dispose of plaintiffs’ motion as made. Hence the necessity of reversal and remission on that sole ground. (Cf. Box v. Linnemann, 257 App. Div. 849.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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In an action for the foreclosure of a mortgage on real estate, resettled order of the County Court of Nassau county granting the motion of plaintiffs for an order striking out the answer of the defendant Thomas G. Randazzo “ to the extent of granting an order appointing a referee to take proof and report as to the taxes and/or interest in arrears, if any ” reversed on the law, without costs, and the matter remitted to the County Court of Nassau county for the entry of an order in due form in that phase thereof which contemplates summary judgment. Although in our opinion, the plaintiffs, upon this record, are entitled to summary judgment, no triable issue being disclosed, the order appealed from fails to dispose of plaintiffs’ motion as made. Hence the necessity of reversal and remission on that sole ground. (Cf. Box v. Linnemann, 257 App. Div. 849.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

258 A.D. 748, 15 N.Y.S.2d 425, 1939 N.Y. App. Div. LEXIS 6747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-randazzo-nyappdiv-1939.

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