Federal National Mortgage Ass'n v. Dobbins

Appellate Division of the Supreme Court of New York

Federal National Mortgage Ass'n v. Dobbins

120 A.D.2d 486, 501 N.Y.S.2d 764, 1986 N.Y. App. Div. LEXIS 56557

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

DecidedMay 5, 1986

StatusPublished

This text of 120 A.D.2d 486 (Federal National Mortgage Ass'n v. Dobbins) 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

Federal National Mortgage Ass'n v. Dobbins, 120 A.D.2d 486, 501 N.Y.S.2d 764, 1986 N.Y. App. Div. LEXIS 56557 (N.Y. Ct. App. 1986).

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Opinion

— In an action to foreclose a mortgage, the defendants Pearl Brewer and James Brewer appeal (1) from an order of the Supreme Court, Kings County (Hirsch, J.), dated April 18, 1984, which awarded the plaintiff possession of the premises, and (2) as limited by their brief, from so much of an order of the same court dated June 7, 1984, as, upon reargument, adhered to the original determination.

Appeal from the order dated April 18, 1984, dismissed. That order was superseded by the order dated June 7, 1984, made upon reargument.

Order dated June 7, 1984, affirmed insofar as appealed from.

The plaintiff is awarded one bill of costs.

The appellants failed to present any evidence that their purported lease predated or was in any way superior to the plaintiff’s interest in the premises, and Special Term properly granted the plaintiff possession. We have considered the appellants’ other contention and find it to be without merit. Lazer, J. P., Bracken, Lawrence and Kooper, JJ., concur.

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— In an action to foreclose a mortgage, the defendants Pearl Brewer and James Brewer appeal (1) from an order of the Supreme Court, Kings County (Hirsch, J.), dated April 18, 1984, which awarded the plaintiff possession of the premises, and (2) as limited by their brief, from so much of an order of the same court dated June 7, 1984, as, upon reargument, adhered to the original determination.

Appeal from the order dated April 18, 1984, dismissed. That order was superseded by the order dated June 7, 1984, made upon reargument.

Order dated June 7, 1984, affirmed insofar as appealed from.

The plaintiff is awarded one bill of costs.

The appellants failed to present any evidence that their purported lease predated or was in any way superior to the plaintiff’s interest in the premises, and Special Term properly granted the plaintiff possession. We have considered the appellants’ other contention and find it to be without merit. Lazer, J. P., Bracken, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

120 A.D.2d 486, 501 N.Y.S.2d 764, 1986 N.Y. App. Div. LEXIS 56557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-national-mortgage-assn-v-dobbins-nyappdiv-1986.