Manhig Holding Corp. v. Brick House Contracting Corp.

Order reversed on the law, with ten dollars costs and disbursements, and the matter remitted to Special Term to take further proof by affidavits or otherwise concerning the making of the lease and whether or not it was one actually in writing; as to whether the lease alleged to have been made was one collusive or fraudulent in its nature, and for an inadequate rental; and whether the advance payment thereon was made in bad faith in anticipation of the foreclosure action. If there was outstanding at the time of the foreclosure a bona fide lease on which advance payments had been made in good…