Legal Opinion
Monica Realty Corp. v. Bleecker
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1930PublishedCited by 16 opinions
1Opinion of the CourtO’Malley, J.
This action is to foreclose a second mortgage covering premises on which the defendant, appellant, Bleecker, holds a third mortgage. The order appealed from has stricken from the amended answer of Bleecker three alleged separate and distinct defenses.
Upon the motion affidavits submitted on behalf of both parties were considered. The propriety of their use is questioned upon the ground that the nature of the motion, in so far as it was based upon rule 104 of the Rules of Civil Practice, prohibits their consideration.
The notice of motion was general and not directed to any specific part or…
2Cases cited4 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Lowe v. Plainfield Trust Co. of PlainfieldAppellate Division of the Supreme Court of the State of New York · 1926
- Robertson v. Rockland Cemetery Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Albany County Bank v. RiderNew York Supreme Court · 1893
3Cited by16 opinions
- Fleischer v. TerkerNew York Court of Appeals · 1932
- Imar Mortgage Corp. v. Ticoli Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Romaneck v. BauerAppellate Division of the Supreme Court of the State of New York · 1937
- Bank of Manhattan Trust Co. v. Twenty-one Sixty-six Broadway Corp.New York Supreme Court · 1932
- Bland v. WhiteNew York Supreme Court · 1930
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