Reineking v. Embro Realty Corp.

Appellate Division of the Supreme Court of New York

Reineking v. Embro Realty Corp.

249 A.D. 757, 292 N.Y.S. 981, 1936 N.Y. App. Div. LEXIS 5884

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1936·Published

Opinion

Order granting summary judgment striking out the answer in a foreclosure action modified as to the defendant appellant by denying the motion to strike out the denials in the answer; and as so modified, affirmed, without costs. The only issues are the amounts advanced by plaintiff’s testator on certain mortgages, and the amount of any payments made thereon, so that the amounts due may be definitely determined. As to these issues there may be a trial before the court or a referee. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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Order granting summary judgment striking out the answer in a foreclosure action modified as to the defendant appellant by denying the motion to strike out the denials in the answer; and as so modified, affirmed, without costs. The only issues are the amounts advanced by plaintiff’s testator on certain mortgages, and the amount of any payments made thereon, so that the amounts due may be definitely determined. As to these issues there may be a trial before the court or a referee. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

Reineking v. Embro Realty Corp., 249 A.D. 757, 292 N.Y.S. 981, 1936 N.Y. App. Div. LEXIS 5884 (N.Y. Ct. App. 1936).

Pincite

249 A.D. 757 (Reineking v. Embro Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.