Grassmuck v. Raljoed Realty Co.

Appellate Division of the Supreme Court of New York

Grassmuck v. Raljoed Realty Co.

29 A.D.2d 740, 288 N.Y.S.2d 583, 1968 N.Y. App. Div. LEXIS 4742

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

DecidedFebruary 1, 1968

StatusPublished

This text of 29 A.D.2d 740 (Grassmuck v. Raljoed Realty Co.) 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

Grassmuck v. Raljoed Realty Co., 29 A.D.2d 740, 288 N.Y.S.2d 583, 1968 N.Y. App. Div. LEXIS 4742 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order entered September 29, 1967, granting plantiff a protective order unanimously modified, on the law and the facts, to direct that 10 days after service of the order herein plaintiff shall serve upon defendant a verified copy of any item in her income tax returns' which she claims represents a return for payments of interest or principal on account of the mortgage sought to be foreclosed; or, if she claims that no such payments are reflected in her income tax returns, she so state under oath, and, as so modified, affirmed with $30 costs and disbursements to defendant. Plaintiff, claiming to hold a mortgage upon certain real property, seeks forclosure. Defendant has pleaded the Statute of Limitations, among other defenses. Plaintiff has conceded that payments claimed by her to toll the statute are not reflected in her bank deposits. Special Term deemed this sufficient. We conclude that the modification ordered will not force the revelation of any private or confidential matter and will provide information to which defendant would be entitled. Concur — Stevens, J. P., Steuer, Tilzer, McGivern and McNally, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order entered September 29, 1967, granting plantiff a protective order unanimously modified, on the law and the facts, to direct that 10 days after service of the order herein plaintiff shall serve upon defendant a verified copy of any item in her income tax returns' which she claims represents a return for payments of interest or principal on account of the mortgage sought to be foreclosed; or, if she claims that no such payments are reflected in her income tax returns, she so state under oath, and, as so modified, affirmed with $30 costs and disbursements to defendant. Plaintiff, claiming to hold a mortgage upon certain real property, seeks forclosure. Defendant has pleaded the Statute of Limitations, among other defenses. Plaintiff has conceded that payments claimed by her to toll the statute are not reflected in her bank deposits. Special Term deemed this sufficient. We conclude that the modification ordered will not force the revelation of any private or confidential matter and will provide information to which defendant would be entitled. Concur — Stevens, J. P., Steuer, Tilzer, McGivern and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.2d 740, 288 N.Y.S.2d 583, 1968 N.Y. App. Div. LEXIS 4742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grassmuck-v-raljoed-realty-co-nyappdiv-1968.