Holy Cross Polish National Catholic Church v. Pabis

Appellate Division of the Supreme Court of New York

Holy Cross Polish National Catholic Church v. Pabis

302 A.D.2d 235, 753 N.Y.S.2d 727, 2003 N.Y. App. Div. LEXIS 1205

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

DecidedFebruary 11, 2003

StatusPublished

This text of 302 A.D.2d 235 (Holy Cross Polish National Catholic Church v. Pabis) 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

Holy Cross Polish National Catholic Church v. Pabis, 302 A.D.2d 235, 753 N.Y.S.2d 727, 2003 N.Y. App. Div. LEXIS 1205 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, New York County (Herman Cahn, J.), entered April 18, 2002, which, inter alia, denied defendants’ motion to renew their opposition to plaintiffs previously granted motion for summary judgment foreclosing a mortgage, unanimously affirmed, without costs.

Defendants’ motion, properly construed by the motion court as one for renewal, was properly denied since the new documents upon which the motion was based, purporting to demonstrate that the mortgage had been satisfied and that defendants had been released from their obligations thereunder, were of dubious provenance and validity, having been executed subsequent to the grant of plaintiffs summary judgment motion and by a party whose authority to act on plaintiffs behalf was not demonstrated and, indeed, was sharply contested. Concur — Mazzarelli, J.P., Andrias, Saxe, Buckley and Friedman, JJ.

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Order, Supreme Court, New York County (Herman Cahn, J.), entered April 18, 2002, which, inter alia, denied defendants’ motion to renew their opposition to plaintiffs previously granted motion for summary judgment foreclosing a mortgage, unanimously affirmed, without costs.

Defendants’ motion, properly construed by the motion court as one for renewal, was properly denied since the new documents upon which the motion was based, purporting to demonstrate that the mortgage had been satisfied and that defendants had been released from their obligations thereunder, were of dubious provenance and validity, having been executed subsequent to the grant of plaintiffs summary judgment motion and by a party whose authority to act on plaintiffs behalf was not demonstrated and, indeed, was sharply contested. Concur — Mazzarelli, J.P., Andrias, Saxe, Buckley and Friedman, JJ.

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Bluebook (online)

302 A.D.2d 235, 753 N.Y.S.2d 727, 2003 N.Y. App. Div. LEXIS 1205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holy-cross-polish-national-catholic-church-v-pabis-nyappdiv-2003.