Mordkofsky v. Dime Savings Bank

Appellate Division of the Supreme Court of New York

Mordkofsky v. Dime Savings Bank

41 A.D.2d 675, 340 N.Y.S.2d 1014, 1973 N.Y. App. Div. LEXIS 5039

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

DecidedFebruary 26, 1973

StatusPublished

This text of 41 A.D.2d 675 (Mordkofsky v. Dime Savings Bank) 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

Mordkofsky v. Dime Savings Bank, 41 A.D.2d 675, 340 N.Y.S.2d 1014, 1973 N.Y. App. Div. LEXIS 5039 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a- consolidated action to decláre' .the. nullity-of .a mortgage, lien,-in'which action the claim of defendant the Dime-Savings Bank of Brooklyn to foreclose the-mortgage has been ordered to continue as a counterclaim, plaintiffs appeal, as limited by'their brief)-from so much of an order of the Supreme Court, Rockland .County, entered November-.1, 1972, as (1) granted the Dime Savings Bank’s motion (a) to .dismiss -the complaint and the causes of action .therein for failure to state a cause'of action ánd .(b) for summary judgment upon its-foreclosure counterclaim; (2) appointed a Referee, éte.; and. (3)-denied plaintiffs’, cross motion for summaiy judgment dismissing the ."foreclosure counterclaim. Order affirmed insofar' as appealed from, without costs,- No opinion. Hopkins, .-Acting P. J;, Gulotta, Christ-and Brennan, JJ., concur.; Benjamin, J., dissents • and votes to-modify the order so as to deny the motion.of defendant-the Dime-Savings Bank of Brooklyn.to dismiss the complaint and for summary judgment- •and to strike from the order the provisions. as to appointment of a Referee, with the following memorandum; I believe there are questions- of fact for trial.

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In a- consolidated action to decláre' .the. nullity-of .a mortgage, lien,-in'which action the claim of defendant the Dime-Savings Bank of Brooklyn to foreclose the-mortgage has been ordered to continue as a counterclaim, plaintiffs appeal, as limited by'their brief)-from so much of an order of the Supreme Court, Rockland .County, entered November-.1, 1972, as (1) granted the Dime Savings Bank’s motion (a) to .dismiss -the complaint and the causes of action .therein for failure to state a cause'of action ánd .(b) for summary judgment upon its-foreclosure counterclaim; (2) appointed a Referee, éte.; and. (3)-denied plaintiffs’, cross motion for summaiy judgment dismissing the ."foreclosure counterclaim. Order affirmed insofar' as appealed from, without costs,- No opinion. Hopkins, .-Acting P. J;, Gulotta, Christ-and Brennan, JJ., concur.; Benjamin, J., dissents • and votes to-modify the order so as to deny the motion.of defendant-the Dime-Savings Bank of Brooklyn.to dismiss the complaint and for summary judgment- •and to strike from the order the provisions. as to appointment of a Referee, with the following memorandum; I believe there are questions- of fact for trial.

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Bluebook (online)

41 A.D.2d 675, 340 N.Y.S.2d 1014, 1973 N.Y. App. Div. LEXIS 5039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mordkofsky-v-dime-savings-bank-nyappdiv-1973.