Gordon v. Senior Avenue Inc.

Appellate Division of the Supreme Court of New York

Gordon v. Senior Avenue Inc.

48 A.D.2d 848, 369 N.Y.S.2d 9, 1975 N.Y. App. Div. LEXIS 10068

Appellate Division of the Supreme Court of the State of New York·Decided June 9, 1975·Published

Opinion

In an action, inter alia, to foreclose a mortgage, defendant Senior Avenue, Inc., appeals from an order of the Supreme Court, Putnam County, dated January 21, 1975, which, after a hearing, denied its motion to, inter alia, vacate a judgment of foreclosure and sale and a previously filed lis pendens, on the ground of payment in full. Order reversed, with costs, and motion remanded to Special Term for a further hearing to determine whether the amount of $194.74, referred to in the said order, was paid to plaintiffs attorneys by remittance through Western Union, as claimed. Special Term erred in failing to allow full development of the proof on this issue. Gulotta, P. J., Rabin, Martuscello, Latham and Christ, JJ., concur.

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In an action, inter alia, to foreclose a mortgage, defendant Senior Avenue, Inc., appeals from an order of the Supreme Court, Putnam County, dated January 21, 1975, which, after a hearing, denied its motion to, inter alia, vacate a judgment of foreclosure and sale and a previously filed lis pendens, on the ground of payment in full. Order reversed, with costs, and motion remanded to Special Term for a further hearing to determine whether the amount of $194.74, referred to in the said order, was paid to plaintiffs attorneys by remittance through Western Union, as claimed. Special Term erred in failing to allow full development of the proof on this issue. Gulotta, P. J., Rabin, Martuscello, Latham and Christ, JJ., concur.

Gordon v. Senior Avenue Inc., 48 A.D.2d 848, 369 N.Y.S.2d 9, 1975 N.Y. App. Div. LEXIS 10068 (N.Y. Ct. App. 1975).

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