P.M.M.J. Associates v. Cushing

Appellate Division of the Supreme Court of New York

P.M.M.J. Associates v. Cushing

109 A.D.2d 785, 486 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 47278

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

DecidedMarch 11, 1985

StatusPublished

This text of 109 A.D.2d 785 (P.M.M.J. Associates v. Cushing) 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

P.M.M.J. Associates v. Cushing, 109 A.D.2d 785, 486 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 47278 (N.Y. Ct. App. 1985).

Pincite

Opinion

— In an action to foreclose a mortgage, the defendant mortgagors appeal from an order of the Supreme Court, Nassau County (Meade, J.) entered May 2, 1983, which, inter alia, directed that Ambassador Factors Corporation’s answer, cross claims and counterclaims be declared voluntarily withdrawn and the answer of defendants Cushing to the cross claims be dismissed, granted P.M.M.J. Associates a default judgment against defendants Cushing, and referred the matter to a referee to ascertain and compute the amount due.

Order affirmed, with costs.

Special Term did not abuse its discretion in permitting Ambassador Factors Corporation to withdraw its answer, counterclaims and cross claims upon settlement with plaintiff P.M.M.J. As part of that settlement, P.M.M.J. assigned to Ambassador its mortgages and consolidation and extension agreement, as well as its rights in the instant foreclosure action. As defendants Cushing had defaulted in the principal action, foreclosure was properly granted. Mangano, J. P., Gibbons, Bracken and Niehoff, 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, the defendant mortgagors appeal from an order of the Supreme Court, Nassau County (Meade, J.) entered May 2, 1983, which, inter alia, directed that Ambassador Factors Corporation’s answer, cross claims and counterclaims be declared voluntarily withdrawn and the answer of defendants Cushing to the cross claims be dismissed, granted P.M.M.J. Associates a default judgment against defendants Cushing, and referred the matter to a referee to ascertain and compute the amount due.

Order affirmed, with costs.

Special Term did not abuse its discretion in permitting Ambassador Factors Corporation to withdraw its answer, counterclaims and cross claims upon settlement with plaintiff P.M.M.J. As part of that settlement, P.M.M.J. assigned to Ambassador its mortgages and consolidation and extension agreement, as well as its rights in the instant foreclosure action. As defendants Cushing had defaulted in the principal action, foreclosure was properly granted. Mangano, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

109 A.D.2d 785, 486 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 47278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pmmj-associates-v-cushing-nyappdiv-1985.