Jamaica Savings Bank v. M. S. Investing Co.

Appellate Division of the Supreme Court of New York

Jamaica Savings Bank v. M. S. Investing Co.

248 A.D. 918, 291 N.Y.S. 413, 1936 N.Y. App. Div. LEXIS 8069

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

DecidedOctober 30, 1936

StatusPublished

This text of 248 A.D. 918 (Jamaica Savings Bank v. M. S. Investing 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

Jamaica Savings Bank v. M. S. Investing Co., 248 A.D. 918, 291 N.Y.S. 413, 1936 N.Y. App. Div. LEXIS 8069 (N.Y. Ct. App. 1936).

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Opinion

In an action to foreclose a mortgage, order granting motion of the defendants-respondents for an order framing issues and directing a question of fact to be tried by a jury as of right affirmed, with ten dollars costs and disbursements. No opinion. Young, Hagarty and Taylor, JJ., concur; Lazansky, P. J., and Add, J., dissent and vote to reverse upon the ground that the action is for the foreclosure of a mortgage and the prayer for a deficiency judgment is merely for incidental relief, even though the respondents be guarantors.

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In an action to foreclose a mortgage, order granting motion of the defendants-respondents for an order framing issues and directing a question of fact to be tried by a jury as of right affirmed, with ten dollars costs and disbursements. No opinion. Young, Hagarty and Taylor, JJ., concur; Lazansky, P. J., and Add, J., dissent and vote to reverse upon the ground that the action is for the foreclosure of a mortgage and the prayer for a deficiency judgment is merely for incidental relief, even though the respondents be guarantors.

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Bluebook (online)

248 A.D. 918, 291 N.Y.S. 413, 1936 N.Y. App. Div. LEXIS 8069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamaica-savings-bank-v-m-s-investing-co-nyappdiv-1936.