Weiss v. Goffen

Motion by plaintiff for summary judgment in an ejectment action. Motion by defendants to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

Defendants’ motion is denied (Crook v. Licourt, 216 App. Div. 237; 14 Carmody-Wait, New York Practice, p. 178).

The basis for plaintiff’s motion is a written agreement entered into between the parties on May 21,1957. Under this agreement plaintiff loaned $5,000 to defendants, owners of a one-family house in this county. The loan was to be repaid at the rate of $60 per week, all of which payments were…