Jonathan Trading Corp. v. East Norwich Estates, Inc.

Appellate Division of the Supreme Court of New York

Jonathan Trading Corp. v. East Norwich Estates, Inc.

6 A.D.2d 877, 177 N.Y.S.2d 1013, 1958 N.Y. App. Div. LEXIS 5186

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

DecidedJuly 8, 1958

StatusPublished

This text of 6 A.D.2d 877 (Jonathan Trading Corp. v. East Norwich Estates, Inc.) 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

Jonathan Trading Corp. v. East Norwich Estates, Inc., 6 A.D.2d 877, 177 N.Y.S.2d 1013, 1958 N.Y. App. Div. LEXIS 5186 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to foreclose a mortgage on real property, and for other relief, the appeal is from an order denying a motion to strike out and dismiss the defenses and counterclaims pleaded in respondents’ answer (Rules Civ. Prac., rule 109, subds. 5, 6) and for summary judgment striking out the answer (Rules Civ. Prac., rule 113). The defenses and counterclaims in substance allege (1) that the transaction wherein the mortgage was made and delivered ensued from appellant’s usurious loan to an individual, and (2) that the so-called restraining statutes (General Corporation Law, § 18; Banking Law, § 131) made the transaction unenforeible. Order affirmed, with $10 coste and disbursements. No opinion. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to foreclose a mortgage on real property, and for other relief, the appeal is from an order denying a motion to strike out and dismiss the defenses and counterclaims pleaded in respondents’ answer (Rules Civ. Prac., rule 109, subds. 5, 6) and for summary judgment striking out the answer (Rules Civ. Prac., rule 113). The defenses and counterclaims in substance allege (1) that the transaction wherein the mortgage was made and delivered ensued from appellant’s usurious loan to an individual, and (2) that the so-called restraining statutes (General Corporation Law, § 18; Banking Law, § 131) made the transaction unenforeible. Order affirmed, with $10 coste and disbursements. No opinion. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

6 A.D.2d 877, 177 N.Y.S.2d 1013, 1958 N.Y. App. Div. LEXIS 5186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jonathan-trading-corp-v-east-norwich-estates-inc-nyappdiv-1958.