Legal Opinion

Boulukos v. Chresafes

New York Supreme Court

Decided May 6, 1959PublishedCited by 1 opinion

1Opinion of the CourtFrank A. Gulotta, J.

This is an action to foreclose a mortgage on real property wherein the only defendant who appeared is the mortgagor who has interposed a defense (1) that the bond and mortgage were given without consideration, and (2) that the action is barred by the six-year Statute of Limitations. He has also counterclaimed under article 15 of the Beal Property Law, asking that the mortgage be cancelled of record as being a cloud upon title.

The bond and mortgage are dated November 18, 1949, and provide that the sum of $6,050 shall be “ paid in installments as follows: $125.00 on the 16th day of December…

2Cases cited3 opinions

  1. Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
  2. Quackenbush v. MapesAppellate Division of the Supreme Court of the State of New York · 1908
  3. Quackenbush v. MapesNew York Supreme Court · 1907

3Cited by1 opinion

  1. First National City Trust Co. v. CasertaNew York Supreme Court · 1961

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