City Mortgage Co. v. Leopold Seidl Corp.

Appellate Division of the Supreme Court of New York

City Mortgage Co. v. Leopold Seidl Corp.

261 A.D. 831, 24 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 7661

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

DecidedJanuary 20, 1941

StatusPublished

This text of 261 A.D. 831 (City Mortgage Co. v. Leopold Seidl Corp.) 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

City Mortgage Co. v. Leopold Seidl Corp., 261 A.D. 831, 24 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 7661 (N.Y. Ct. App. 1941).

Pincite

Opinion

Action to foreclose a junior participation in a mortgage on certain real property in New Rochelle, N. Y. The answer contains a counterclaim, the allegations of which are denied, for ground rent claimed to be due from plaintiff. Order denying appellant’s motion to examine plaintiff to sustain appellant’s counterclaim, reversed on the law and facts, with ten dollars costs and disbursements, and the motion granted, without costs; the examination to proceed at a time and place to be fixed in the order to be entered hereon. No motion was made to dismiss the counterclaim as insufficient in law and it is not palpably invalid; hence appellant is entitled to examine plaintiff to elicit proof to sustain the allegations of the counterclaim. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice,

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Action to foreclose a junior participation in a mortgage on certain real property in New Rochelle, N. Y. The answer contains a counterclaim, the allegations of which are denied, for ground rent claimed to be due from plaintiff. Order denying appellant’s motion to examine plaintiff to sustain appellant’s counterclaim, reversed on the law and facts, with ten dollars costs and disbursements, and the motion granted, without costs; the examination to proceed at a time and place to be fixed in the order to be entered hereon. No motion was made to dismiss the counterclaim as insufficient in law and it is not palpably invalid; hence appellant is entitled to examine plaintiff to elicit proof to sustain the allegations of the counterclaim. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice,

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Bluebook (online)

261 A.D. 831, 24 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 7661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-mortgage-co-v-leopold-seidl-corp-nyappdiv-1941.