Cooper v. Brown

Appellate Division of the Supreme Court of New York

Cooper v. Brown

63 A.D.2d 690, 404 N.Y.S.2d 994, 1978 N.Y. App. Div. LEXIS 11594

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

DecidedMay 15, 1978

StatusPublished

This text of 63 A.D.2d 690 (Cooper v. Brown) 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

Cooper v. Brown, 63 A.D.2d 690, 404 N.Y.S.2d 994, 1978 N.Y. App. Div. LEXIS 11594 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action to foreclose a mortgage, the defendant mortgagor appeals from (1) an order of the Supreme Court, Suffolk County, entered October 15, 1977, which, inter alia, granted plaintiff’s motion for summary judgment and (2) a further order of the same court, dated January 17, 1978, which denied his motion for a rehearing based upon additional papers. Order entered October 15, 1977 reversed, and motion for summary judgment denied. Appeal from the order dated January 17, 1978 dismissed as academic in the light of the determination on the appeal from the order entered October 15, 1977. Appellant is awarded one bill of $50 costs and disbursements to cover both appeals. There exist in this case issues of fact (e.g., whether interest payments were timely made in accordance with the terms of the mortgage) necessitating a trial. Titone, J. P., Rabin, Gulotta and Hawkins, JJ., concur.

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In an action to foreclose a mortgage, the defendant mortgagor appeals from (1) an order of the Supreme Court, Suffolk County, entered October 15, 1977, which, inter alia, granted plaintiff’s motion for summary judgment and (2) a further order of the same court, dated January 17, 1978, which denied his motion for a rehearing based upon additional papers. Order entered October 15, 1977 reversed, and motion for summary judgment denied. Appeal from the order dated January 17, 1978 dismissed as academic in the light of the determination on the appeal from the order entered October 15, 1977. Appellant is awarded one bill of $50 costs and disbursements to cover both appeals. There exist in this case issues of fact (e.g., whether interest payments were timely made in accordance with the terms of the mortgage) necessitating a trial. Titone, J. P., Rabin, Gulotta and Hawkins, JJ., concur.

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Bluebook (online)

63 A.D.2d 690, 404 N.Y.S.2d 994, 1978 N.Y. App. Div. LEXIS 11594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-brown-nyappdiv-1978.