Eight Tobey Road Corp. v. Markesteyn

Appellate Division of the Supreme Court of New York

Eight Tobey Road Corp. v. Markesteyn

198 A.D.2d 865, 604 N.Y.S.2d 434

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

DecidedNovember 19, 1993

DocketAppeal No. 1

StatusPublished

This text of 198 A.D.2d 865 (Eight Tobey Road Corp. v. Markesteyn) 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

Eight Tobey Road Corp. v. Markesteyn, 198 A.D.2d 865, 604 N.Y.S.2d 434 (N.Y. Ct. App. 1993).

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Opinion

—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly concluded that, upon payment by defendant Baastian Markesteyn (Markesteyn) pursuant to RPAPL 1341 (1), the complaint in this mortgage foreclosure action must be dismissed. Supreme Court, however, should not have permitted Markesteyn’s attorney to calculate the amount due for mortgage principal, interest and the costs of the action. Therefore, we modify the order by vacating the amount due plaintiff and remit the matter to Supreme Court to determine that amount. (Appeal from Order of Supreme Court, Wayne County, Strobridge, J. — Mortgage Foreclosure.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly concluded that, upon payment by defendant Baastian Markesteyn (Markesteyn) pursuant to RPAPL 1341 (1), the complaint in this mortgage foreclosure action must be dismissed. Supreme Court, however, should not have permitted Markesteyn’s attorney to calculate the amount due for mortgage principal, interest and the costs of the action. Therefore, we modify the order by vacating the amount due plaintiff and remit the matter to Supreme Court to determine that amount. (Appeal from Order of Supreme Court, Wayne County, Strobridge, J. — Mortgage Foreclosure.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.

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Bluebook (online)

198 A.D.2d 865, 604 N.Y.S.2d 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eight-tobey-road-corp-v-markesteyn-nyappdiv-1993.