Phœnix Mutual Life Insurance v. Tuddington Holding Corp.

Order in so far as appealed from, granting plaintiff’s motion for summary judgment in a foreclosure action, reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The record discloses questions of fact as to the propriety of and authority for many of the expenditures for which plaintiff seeks credit. The agreement assigning the rents and giving plaintiff possession makes no provision for expenditures for repairs or other items necessary for the upkeep and preservation of the property. In the absence of such provision the account between the…