Mills Land Corp. v. Rapoport

268 A.D. 911, 51 N.Y.S.2d 17, 1944 N.Y. App. Div. LEXIS 4211

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 6, 1944
• Status: Published

Opinion

In an action to foreclose a mortgage, order denying plaintiff’s motion for summary judgment reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs. 'The amended answer does not allege facts sufficient to constitute a defense or counterclaim to plaintiff’s cause of action. Therefore, it was error to deny plaintiff’s motion for summary judgment. (Green v. Collins, 86 N. Y. 246.) Close, P. J., Hagarty, Johnston, Adel and Aldrich, JJ., concur.