Legal Opinion
Ferraro v. Marrillard Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1929PublishedCited by 9 opinions
1Opinion of the CourtYoung, J.
The action is brought to foreclose a mortgage for $13,000 upon property in Lynbrook. The complaint is in the usual form, and alleges a default in the payment of interest due April 1, 1929, and an election by plaintiff to declare the entire amount of the bond and mortgage due.
The answer denies that $13,000, principal secured by the mortgage, is now due with interest, etc. It also “ denies the allegation * * * ‘ that no other action or proceeding is now pending at law for the recovery of the sum secured by the bond and mortgage or any part thereof.’ ” For a first separate defense, the answer…
2Cited by9 opinions
- Syracuse Savings Bank v. Onondaga Silk Co.New York Supreme Court · 1939
- Band Realty Co. v. North Brewster, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Cottle v. WrightNew York Supreme Court · 1931
- Hamm v. SlavinAppellate Division of the Supreme Court of the State of New York · 1999
- President & Directors of the Manhattan Co. v. Mosler Safe Co.Appellate Division of the Supreme Court of the State of New York · 1935
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