Legal Opinion

Gutman v. . Livingston

New York Court of Appeals

Decided March 21, 1919PublishedCited by 3 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1916, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage on real property. Plaintiff held the mortgage through various assignments. Defendants, appellants, held subsequent mortgages.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1916, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage on real property. Plaintiff held the mortgage through various assignments. Defendants, appellants, held subsequent mortgages. They interposed an answer setting up as a defense that the mortgage sought to be foreclosed had been paid and discharged, and alleging fraud and conspiracy.

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.

2Cited by3 opinions

  1. In Re TaubCourt of Appeals for the Second Circuit · 1924
  2. Marra v. LeporeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Roberts v. Park-Lexington Corp.New York Supreme Court · 1927