Stern v. Marcuse
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the plaintiff, Nettie Stern, and the defendants, Millard Marcuse and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the cleric of the county of Westchester on the 13th day of July, 1908, directing judgment in a foreclosure action.
1Opinion of the Court
Woodward, J. :
The plaintiff in this case brought her action on the 29th day of August, 1906, to foreclose a $7,000 mortgage, covering two separate parcels of real estate situated in the city of Mount Vernon. One of these parcels is owned by the defendant Marcuse and the other by defendant August J. Kimmerle. The defendant Marcuse did not answer in the action. The defendant Kimmerle put in an amended answer, which, on demurrer, was held not to state facts constituting a defense. Upon an affidavit setting forth the same facts which were alleged in Kimmerle’s answer, and alleging that the…
2Cases cited1 opinion
- Bryant v. . ThompsonNew York Court of Appeals · 1891
3Cited by2 opinions
- Glens Falls Insurance v. Extension Development Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Stern v. MarcuseAppellate Division of the Supreme Court of the State of New York · 1909