Legal Opinion
Pagano v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1994PublishedCited by 19 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Nassau County (Goldstein, J.), dated October 9, 1991, which denied his motion to dismiss the complaint and granted the plaintiff’s motion to amend the complaint.
Ordered that the order is affirmed, with costs.
In 1977, the plaintiff John Pagano loaned the defendant Jimmy Smith $30,000 and received a mortgage as security for *633the loan. In a declaratory judgment action commenced in 1979, Smith sought cancellation of the mortgage and Pagano counter-claimed to recover the debt. While that action was…
2Cases cited4 opinions
- Khoury v. AlgerAppellate Division of the Supreme Court of the State of New York · 1991
- Goddard v. JohnsonCivil Court of the City of New York · 1978
- Smith v. PaganoAppellate Division of the Supreme Court of the State of New York · 1989
- Utica Mutual Insurance v. KnoxAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by19 opinions
- Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012
- Loiacono v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1997
- Wells Fargo Bank, N.A. v. CohenAppellate Division of the Supreme Court of the State of New York · 2011
- Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
- Saini v. Cinelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
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