Title Guarantee & Trust Co. v. Harris

Appellate Division of the Supreme Court of New York

Title Guarantee & Trust Co. v. Harris

243 A.D. 619

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

Order affirmed, with ten doEars costs and disbursements. The action is to foreclose a mortgage on real estate. The appeEant, by a separate defense and set-off, seeks a judgment declaring that the plaintiff is not entitled to a deficiency judgment against him and made a motion for such a judgment against the plaintiff upon said set-off or counterclaim, on the ground that the plaintiff had faffed to serve a reply thereto. In our opimon, a reply is not necessary and the motion was properly demed. Lazansky, P. J., Young, Hagarty, CarsweE and Tompkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order affirmed, with ten doEars costs and disbursements. The action is to foreclose a mortgage on real estate. The appeEant, by a separate defense and set-off, seeks a judgment declaring that the plaintiff is not entitled to a deficiency judgment against him and made a motion for such a judgment against the plaintiff upon said set-off or counterclaim, on the ground that the plaintiff had faffed to serve a reply thereto. In our opimon, a reply is not necessary and the motion was properly demed. Lazansky, P. J., Young, Hagarty, CarsweE and Tompkins, JJ., concur.

Title Guarantee & Trust Co. v. Harris, 243 A.D. 619 (N.Y. Ct. App. 1935).

Pincite

243 A.D. 619 (Title Guarantee & Trust Co. v. Harris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.