Zalkin v. Sunshine Sales Corp.
New York Supreme Court
1Opinion of the CourtJohnston, J.
Plaintiff has made five separate motions, in five foreclosure actions, to strike out two separate defenses contained in the answers of certain individual defendants. The amended complaints are identical, except that they affect different parcels. The answers are also identical. Plaintiff seeks to hold these defendants liable for any deficiency on the foreclosure by reason of a collateral bond for *405$65,000, executed by them with the object of securing payment to the mortgagee of the principal and interest of ten bonds and mortgages, each for $6,500, on May 7, 1929.
The first defense in substance…
2Cases cited4 opinions
- Carter, Macy Co. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1927
- Dougan v. Evansville & Terre Haute RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Compagnie Generals de Fourrures & Pelleteries v. Herzig & Sons Co.New York Supreme Court · 1915
- Burston v. LakeNew York Supreme Court · 1928