Legal Opinion

Finance v. Cartaya

Appellate Division of the Supreme Court of the State of New York

Decided September 8, 1987PublishedCited by 3 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Orange County (Coppola, J.), dated November 8, 1984, which, upon an agreed set of facts, struck their answer and authorized the plaintiff to submit a further order providing for the appointment of a Referee to compute the amount due under the mortgage.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Orange County, for a hearing to determine if the mortgage-secured loan is unconscionable under Connecticut law.

This matter was submitted to the court upon…

2Cases cited7 opinions

  1. Miller v. MillerNew York Court of Appeals · 1968
  2. Hamm v. TaylorSupreme Court of Connecticut · 1980
  3. Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
  4. Manhattan Life Ins. Co. v. . JohnsonNew York Court of Appeals · 1907
  5. Crisafulli v. ChildsAppellate Division of the Supreme Court of the State of New York · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. A. Conner General Contracting Inc. v. Rols Capital Co.Appellate Division of the Supreme Court of the State of New York · 1988
  2. Culbert v. Rols Capital Co.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Marder v. LevinAppellate Division of the Supreme Court of the State of New York · 1997

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