Mercadante v. Empire Trust Co.

253 A.D. 881, 2 N.Y.S.2d 333

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 18, 1938
• Docket: Appeal No. 1; Appeal No. 2; Appeal No. 3
• Status: Published

Opinions

Appeal by the plaintiffs in Appeal No. 1 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, dismissing the amended complaint upon the merits.

Appeal by the defendants in Appeal No. 2 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, directing a foreclosure and sale and dismissing the counterclaim of the defendant Joseph Mercadante upon the merits.

Appeal by the defendant Maple, Gardens, Inc., in Appeal No. 3 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, directing a foreclosure and sale.

Judgments affirmed, with costs. No opinion.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Martin, P. J., and Cohn, J., dissent from affirmance of judgment dismissing complaint in Mercadante v. Empire Trust Company, and vote for reversal. Dissenting opinion by Cohn, J.