Legal Opinion

Zausmer v. Suozzi

New York Supreme Court

Decided February 24, 1960PublishedCited by 1 opinion

1Opinion of the CourtMario Pittoni, J.

The plaintiffs have brought this action to foreclose two mortgages, one for $2,000, and the other for $1,000, which have been consolidated into a single mortgage of $3,000. The defendant Suozzi has interposed three defenses: the Statute of Limitations, payment, and an oral agreement of settlement. The defense of settlement is now without merit since the Surrogate’s order approving the settlement has been vacated.

On February 13, 1946 defendant Capobianco gave a $2,000 mortgage to the First National Bank of Glen Head, and on June 25, 1946 this mortgage was assigned to Mildred L. Kuehn. On July…

2Cases cited11 opinions

  1. Conkling v. . WeatherwaxNew York Court of Appeals · 1905
  2. Manchester v. . BraednerNew York Court of Appeals · 1887
  3. Milio v. Railway Motor Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1939
  4. Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
  5. Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920

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3Cited by1 opinion

  1. United States ex rel. McNerlin v. DennoDistrict Court, S.D. New York · 1963

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