Sohmer Factors Corp. v. 187-20 Tioga Drive Corp.

In an action by the assignee of a second mortgage on real property to foreclose the mortgage and for other relief, the appeal is (1) from an order denying appellant’s motion for summary judgment striking out the amended answer of respondents 187-20 Tioga Drive Corp., Cliffert Smith and Dorothy Smith and granting their cross motion and the cross motion of the People of the State of New York for summary judgment dismissing the amended complaint, and (2) from the judgment entered upon said order dismissing the amended complaint upon the merits against the moving respondents. Order modified by…