Morrison v. Gilman

Appellate Division of the Supreme Court of New York

Morrison v. Gilman

254 A.D. 686, 3 N.Y.S.2d 440, 1938 N.Y. App. Div. LEXIS 7139

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

DecidedApril 8, 1938

StatusPublished

This text of 254 A.D. 686 (Morrison v. Gilman) 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

Morrison v. Gilman, 254 A.D. 686, 3 N.Y.S.2d 440, 1938 N.Y. App. Div. LEXIS 7139 (N.Y. Ct. App. 1938).

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Opinion

In a foreclosure action, judgment for plaintiffs unanimously affirmed, with costs. There was never any actual or unconditional tender by the subsequent owner in satisfaction of the amount due for interest, taxes and the costs. It was not shown on the trial that he was able and willing to pay, and no money was produced or made available to the plaintiffs so that the defaults might be remedied and the complaint dismissed under section 1077-e of the Civil Practice Act. Other questions raised are not necessary for the determination of this appeal and, therefore, are not decided. Present — ■ Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

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In a foreclosure action, judgment for plaintiffs unanimously affirmed, with costs. There was never any actual or unconditional tender by the subsequent owner in satisfaction of the amount due for interest, taxes and the costs. It was not shown on the trial that he was able and willing to pay, and no money was produced or made available to the plaintiffs so that the defaults might be remedied and the complaint dismissed under section 1077-e of the Civil Practice Act. Other questions raised are not necessary for the determination of this appeal and, therefore, are not decided. Present — ■ Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

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Bluebook (online)

254 A.D. 686, 3 N.Y.S.2d 440, 1938 N.Y. App. Div. LEXIS 7139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-gilman-nyappdiv-1938.