Bidwell v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maurice J. Sullivan, 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 10th day of August, 1896, overruling the amended answer of said defendant as frivolous and directing judgment for the plaintiff against him.
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage and the complaint contained the usual allegations. So far as the defendant Sullivan was concerned the only allegation as to his interest was the general one that the defendants have or claim to have some interest or lien which accrued subsequently to the lien of the mortgage sought to be foreclosed. The plaintiff alleged the due recording of the mortgage to foreclose which the action was brought. The answer which was declared to be frivolous contained in the first place a denial that the defendant had any knowledge or information suffi*136c…
2Cited by1 opinion
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