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

Appellate Division of the Supreme Court of the State of New York·Decided October 30, 1936·Published

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.

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).

Pincite

248 A.D. 918 (Jamaica Savings Bank v. M. S. Investing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.