Citibank N. A. v. Northwood Group, Inc.

Appellate Division of the Supreme Court of New York

Citibank N. A. v. Northwood Group, Inc.

60 A.D.2d 832, 400 N.Y.S.2d 370, 1978 N.Y. App. Div. LEXIS 9837

Appellate Division of the Supreme Court of the State of New York·Decided January 3, 1978·Published·Cited by 1 cases

Opinion

In a mortgage foreclosure action, plaintiff appeals from an order of the Supreme Court, Orange County, entered August 5, 1976, which, inter alia, approved the respondent receiver’s final accounting. Order reversed, without costs or disbursements, and action remitted to Special Term for a hearing and new determination of the issues involved on the accounting. In view of the disputed issues of fact, the controversy between the parties should not have been determined on affidavits. Hopkins, J. P., Latham, Shapiro and Mollen, JJ., concur.

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In a mortgage foreclosure action, plaintiff appeals from an order of the Supreme Court, Orange County, entered August 5, 1976, which, inter alia, approved the respondent receiver’s final accounting. Order reversed, without costs or disbursements, and action remitted to Special Term for a hearing and new determination of the issues involved on the accounting. In view of the disputed issues of fact, the controversy between the parties should not have been determined on affidavits. Hopkins, J. P., Latham, Shapiro and Mollen, JJ., concur.

Citibank N. A. v. Northwood Group, Inc., 60 A.D.2d 832, 400 N.Y.S.2d 370, 1978 N.Y. App. Div. LEXIS 9837 (N.Y. Ct. App. 1978).

Pincite

60 A.D.2d 832 (Citibank N. A. v. Northwood Group, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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