Shoaf v. Dan Tor Restaurants, Inc.

Appellate Division of the Supreme Court of New York

Shoaf v. Dan Tor Restaurants, Inc.

51 A.D.2d 812, 380 N.Y.S.2d 82, 1976 N.Y. App. Div. LEXIS 11402

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

DecidedFebruary 23, 1976

StatusPublished

This text of 51 A.D.2d 812 (Shoaf v. Dan Tor Restaurants, 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

Shoaf v. Dan Tor Restaurants, Inc., 51 A.D.2d 812, 380 N.Y.S.2d 82, 1976 N.Y. App. Div. LEXIS 11402 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to foreclose a mortgage on real property, in which an order was entered granting summary judgment to plaintiffs on default, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Putnam County, dated September 5, 1975, as, upon reargument, adhered to a prior determination, dated June 25, 1975, and denied its motion to direct plaintiffs’ attorney to (1) return a certain sum held by him in escrow and (2) deliver a satisfaction of the mortgage and a stipulation of discontinuance. Order affirmed insofar as appealed from, without costs or disbursements. The grant of plaintiffs’ motion for summary judgment by Mr. Justice Sirignano on May 6, 1975, from which no appeal [813]*813was taken, and the subsequent receipt of the mortgage satisfaction by defendant, extinguished the outstanding debt under the mortgage. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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In an action to foreclose a mortgage on real property, in which an order was entered granting summary judgment to plaintiffs on default, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Putnam County, dated September 5, 1975, as, upon reargument, adhered to a prior determination, dated June 25, 1975, and denied its motion to direct plaintiffs’ attorney to (1) return a certain sum held by him in escrow and (2) deliver a satisfaction of the mortgage and a stipulation of discontinuance. Order affirmed insofar as appealed from, without costs or disbursements. The grant of plaintiffs’ motion for summary judgment by Mr. Justice Sirignano on May 6, 1975, from which no appeal [813]*813was taken, and the subsequent receipt of the mortgage satisfaction by defendant, extinguished the outstanding debt under the mortgage. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 812, 380 N.Y.S.2d 82, 1976 N.Y. App. Div. LEXIS 11402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoaf-v-dan-tor-restaurants-inc-nyappdiv-1976.