Legal Opinion

Spano v. Perry

New York Supreme Court

Decided July 1, 1969PublishedCited by 7 opinions

1Opinion of the CourtFrederick B. Bryant, J.

In this action for the foreclosure of a second mortgage, the plaintiffs move to strike from the answer defenses and counterclaims interposed by defendants, Perry and Gangl, and seek summary judgment of foreclosure against said defendants.

The facts are set forth in the pleadings and moving papers. The plaintiffs sold the real property which is the subject of the action to the defendant Perry in December, 1962. At that time Perry assumed the lien of the existing first mortgage held by the Savings Bank of Tompkins County and gave to the *1063plaintiffs a second mortgage in the amount of $4,515, with…

2Cases cited2 opinions

  1. People v. Kohl, New York County Courts1959
  2. Town of Ogden v. Earl R. Howarth & Sons, Inc.New York Supreme Court · 1968

3Cited by7 opinions

  1. Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988
  2. Vetor v. ShockeyIndiana Court of Appeals · 1980
  3. De Roche v. DameAppellate Division of the Supreme Court of the State of New York · 1980
  4. Sousa v. AlbinoSupreme Court of Rhode Island · 1978
  5. Bankers Trust New York Corp. v. Renting Office, Inc.Appellate Division of the Supreme Court of the State of New York · 1983

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