Raven v. Dansville Properties, Inc.

Appellate Division of the Supreme Court of New York

Raven v. Dansville Properties, Inc.

130 A.D.2d 943, 516 N.Y.S.2d 141, 1987 N.Y. App. Div. LEXIS 46920

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

DecidedMay 22, 1987

StatusPublished

This text of 130 A.D.2d 943 (Raven v. Dansville Properties, Inc.) 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

Raven v. Dansville Properties, Inc., 130 A.D.2d 943, 516 N.Y.S.2d 141, 1987 N.Y. App. Div. LEXIS 46920 (N.Y. Ct. App. 1987).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: Supreme Court properly granted partial summary judgment for foreclosure. Plaintiffs second mortgage was superior to Odessa’s option agreement and, in opposition to the motion, Odessa failed to submit facts in evidentiary form to support its affirmative defenses. In the absence of a valid tender, Odessa’s offer to pay all amounts due was ineffective to defeat the foreclosure action. (Appeal from order of Supreme Court, Livingston County, Houston, J.—mortgage foreclosure.) Present—Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.

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Order unanimously affirmed, with costs. Memorandum: Supreme Court properly granted partial summary judgment for foreclosure. Plaintiffs second mortgage was superior to Odessa’s option agreement and, in opposition to the motion, Odessa failed to submit facts in evidentiary form to support its affirmative defenses. In the absence of a valid tender, Odessa’s offer to pay all amounts due was ineffective to defeat the foreclosure action. (Appeal from order of Supreme Court, Livingston County, Houston, J.—mortgage foreclosure.) Present—Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.

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Bluebook (online)

130 A.D.2d 943, 516 N.Y.S.2d 141, 1987 N.Y. App. Div. LEXIS 46920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raven-v-dansville-properties-inc-nyappdiv-1987.