Hudson County National Bank v. Gardiner

Appellate Division of the Supreme Court of New York

Hudson County National Bank v. Gardiner

241 A.D. 766

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

DecidedMarch 15, 1934

StatusPublished

This text of 241 A.D. 766 (Hudson County National Bank v. Gardiner) 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

Hudson County National Bank v. Gardiner, 241 A.D. 766 (N.Y. Ct. App. 1934).

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Opinion

Order reversed on the law, with ten dollars costs and disbursements, motion denied, with ten dollars costs, and the plaintiff's time to reply extended ten days from the entry of the order herein. The defendant in its amended answer has set forth matters by way of defense and counterclaim which, if substantiated upon the trial, would seem to constitute rights in the mortgaged premises which otherwise would be cut off in this foreclosure action. The plaintiff may not have that issue determined on a motion for judgment on the ground that the answer is sham and frivolous, pursuant to rule 104 of the Rules of Civil Practice, by the submission of voluminous proof involving the title and the rights of the parties. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.

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Order reversed on the law, with ten dollars costs and disbursements, motion denied, with ten dollars costs, and the plaintiff's time to reply extended ten days from the entry of the order herein. The defendant in its amended answer has set forth matters by way of defense and counterclaim which, if substantiated upon the trial, would seem to constitute rights in the mortgaged premises which otherwise would be cut off in this foreclosure action. The plaintiff may not have that issue determined on a motion for judgment on the ground that the answer is sham and frivolous, pursuant to rule 104 of the Rules of Civil Practice, by the submission of voluminous proof involving the title and the rights of the parties. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.

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Bluebook (online)

241 A.D. 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-county-national-bank-v-gardiner-nyappdiv-1934.