County Trust Co. v. Moran

Order denying defendants’ motion for summary judgment in a foreclosure action, and denying their motion for reargument of the original motion, affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur. Order denying plaintiff’s motion for summary judgment in a foreclosure action reversed on the law, without costs, and the motion granted, with ten dollars costs. It is undisputed that the bond and mortgage were under seal. Consequently, the defense of no Consideration is not available to the mortgagor. (Cochran v. Taylor, 273 N. Y. 172.) The assignment…