Kalashen v. Till
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pincus H. Greenblatt, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of December, 1909, denying the said defendant’s 'motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Clarke, J.:
This was an action tried in October, 1907, to foreclose a mortgage. The judgment provided in case of a deficiency upon a sale for a deficiency judgment against the defendants Jacob Till and Pincus H. Greenblatt. There was a-deficiency of $4,582.05, for which judgment was entered up against the-appellant Greenblatt. The appellant in his answer, by way of avoidance, alleged that during February, 1907, he agreed with Max M. Pullman, the owner of the bond and mortgage in suit, that Pullman should accept conveyance of the equity in the mortgaged premises in release and discharge of the…
2Cited by1 opinion
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