Mills Land Corp. v. Rapoport

Appellate Division of the Supreme Court of New York

Mills Land Corp. v. Rapoport

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

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1944·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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Mills Land Corp. v. Rapoport, 268 A.D. 911, 51 N.Y.S.2d 17, 1944 N.Y. App. Div. LEXIS 4211 (N.Y. Ct. App. 1944).

Pincite

268 A.D. 911 (Mills Land Corp. v. Rapoport) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related