President of Manhattan Co. v. Callister Bros.

Order granting defendants’ motion dismissing complaint pursuant to section 1078 of the Civil Practice Act on the ground that while an action to foreclose a mortgage on real property is pending between the parties this action is being maintained to recover the mortgage debt without leave of the court in which the action to foreclose the mortgage is pending, and judgment entered in accordance therewith, unanimously affirmed, with ten dollars costs and disbursement?/. The only indebtedness was that evidenced by the notes. It appears without question that the mortgage was executed and delivered…