Legal Opinion
Dutko v. Kocis
New York County Courts
Decided August 16, 1943Published
1Opinion of the CourtDiddle, J.
The plaintiffs are the owners of a bond and mortgage executed by one Mary Machovic, now deceased. The payment of the mortgage has been assumed by certain defendants.
On this motion the facts are admitted. One of the defendants, Andrew S. Kocis, moves that the complaint be dismissed upon the ground that the facts set forth therein are not sufficient to constitute a cause of action, as a matter of law.
The facts, briefly, are as follows: On July 1,1930, Mary Machovic, now deceased, executed a bond and mortgage to plaintiffs conditioned for the payment of the sum of $2,700, payable three years…
2Cases cited4 opinions
- Central Hanover Bank v. Roslyn Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
- Johnson v. MeyerAppellate Division of the Supreme Court of the State of New York · 1934
- Bedcro Realty Corp. v. Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Union Trust Co. v. SimpsonNew York Supreme Court · 1936