Buffalo Savings Bank v. O'Gorman

Order reversed on the law, with ten dollars costs and disbursements, and motion for summary judgment granted, without costs. Memorandum: The plaintiff-mortgagee sues the defendants-mortgagors to recover $564.24, being the amount of past-due interest and of tax liens on the property which it has paid. The defendant’s answer consists of general denials and a counterclaim which alleges that in 1935 defendants assigned the rents of the mortgaged premises to plaintiff, that plaintiff has wilfully neglected to cause the premises to be leased and has permitted the same to remain vacant, thereby…