Metropolitan Savings Bank v. Tuttle

Appellate Division of the Supreme Court of New York

Metropolitan Savings Bank v. Tuttle

261 A.D. 1058, 26 N.Y.S.2d 846

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

DecidedApril 10, 1941

StatusPublished

Cited by1 cases

This text of 261 A.D. 1058 (Metropolitan Savings Bank v. Tuttle) 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

Metropolitan Savings Bank v. Tuttle, 261 A.D. 1058, 26 N.Y.S.2d 846 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

There was no default and no cause of action for the foreclosure of the mortgage when the complaint was served. That defect was not cured by a supplemental complaint alleging a default which occurred thereafter.

The order should be reversed, with twenty dollars costs and disbursements, and the motion to dismiss the complaint and the supplemental complaint granted, without prejudice to the institution of a new action for the foreclosure of the mortgage.

Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion to dismiss the complaint and the supplemental complaint granted, without prejudice to the institution of a new action for the foreclosure of the mortgage.

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