Greenwich Savings Bank v. 592-7th Avenue Realty Corp.

Appellate Division of the Supreme Court of New York

Greenwich Savings Bank v. 592-7th Avenue Realty Corp.

271 A.D.2d 924

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

DecidedJanuary 24, 1947

StatusPublished

This text of 271 A.D.2d 924 (Greenwich Savings Bank v. 592-7th Avenue Realty Corp.) 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

Greenwich Savings Bank v. 592-7th Avenue Realty Corp., 271 A.D.2d 924 (N.Y. Ct. App. 1947).

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Opinion

We agree with respondent’s contention that its claim is presently ' enforeible without awaiting maturity of the mortgage. However, the denials in the answer of knowledge and information sufficient to form a belief as to the disbursements and reasonable value of counsel’s services prevent judgment on the pleadings. The judgment, insofar as it decrees that defendant’s motion for judgment on the pleadings and to dismiss the complaint is denied, should be affirmed. Insofar as it awards judgment on the pleadings in favor of plaintiff in the sum of $2,000.81, the judgment should be reversed. The order should be modified to provide for an assessment of the amount of plaintiff’s’ claim. The judgment and the order appealed from are unanimously modified accordingly and as so modified affirmed, without costs. Settle order on notice. Present— Martin, P. J., Cohn, Callahan, Peck and Van Voorhis, JJ.

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We agree with respondent’s contention that its claim is presently ' enforeible without awaiting maturity of the mortgage. However, the denials in the answer of knowledge and information sufficient to form a belief as to the disbursements and reasonable value of counsel’s services prevent judgment on the pleadings. The judgment, insofar as it decrees that defendant’s motion for judgment on the pleadings and to dismiss the complaint is denied, should be affirmed. Insofar as it awards judgment on the pleadings in favor of plaintiff in the sum of $2,000.81, the judgment should be reversed. The order should be modified to provide for an assessment of the amount of plaintiff’s’ claim. The judgment and the order appealed from are unanimously modified accordingly and as so modified affirmed, without costs. Settle order on notice. Present— Martin, P. J., Cohn, Callahan, Peck and Van Voorhis, JJ.

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Bluebook (online)

271 A.D.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenwich-savings-bank-v-592-7th-avenue-realty-corp-nyappdiv-1947.