Polaris Building Corp. v. Bimberg
City of New York Municipal Court
1Opinion of the CourtDonnelly, J.
The answer of the defendants Bimberg and Sehor alleges, upon information and belief, the making, for a valuable consideration, of the extension agreement therein referred to, without notice to or consent by the defendants. The only reference to this alleged agreement in the answering affidavit of Bimberg is that “ the plaintiff * * * did extend, without the knowledge or consent of the defendants, the time of payment on the mortgage because the mortgagee happened to be a friend of his” (sic). The allegation “ for a valuable consideration ” is not a statement of fact but a mere conclusion of…
2Cases cited3 opinions
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Browning, King & Co. v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1911
- Fifth National Bank of Cincinnati v. WoolseyNew York Supreme Court · 1897
3Cited by1 opinion
- Cusick v. IfshinCivil Court of the City of New York · 1972