Simon v. Neef
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catherine A. Neef, from an order of the County Court of Kings county, entered- in the office of the clerk of said county on the 16th day of September, 1913.
1Opinion of the Court
Jenks, P. J.:
This appeal is from an order of a County Court that grants judgment on the pleadings in a foreclosure of a mortgage on realty and appoints a referee to compute. The sole question for consideration arises upon the counterclaim of the defendant mortgagor, against whom a deficiency judgment is asked. She pleads that the deed of conveyance among other things contained a covenant on the part of the plaintiff that the premises were free from all incumbrances; that, on information and belief, at the time of the conveyance the premises were not free, but that the title then and…
2Cases cited7 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- McConihe v. . FalesNew York Court of Appeals · 1887
- Merritt v. GouleyNew York Supreme Court · 1890
- Platt v. GilchristThe Superior Court of New York City · 1849
- Merchants' National Bank v. SnyderAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by3 opinions
- Fout v. WolfeAppellate Division of the Supreme Court of the State of New York · 1930
- Bailey v. FearAppellate Division of the Supreme Court of the State of New York · 1918
- Green Point Savings Bank v. KrokowAppellate Division of the Supreme Court of the State of New York · 1932