Simon v. Landau
New York Supreme Court
1Opinion of the CourtCharles Hargett, J.
Plaintiff moves for summary judgment in an action to foreclose a second and third mortgage, to appoint a Referee to compute, and to amend the title of the action.
No issue is raised as to the defaults pleaded in the complaint. The brief opposing affidavit of the defendant Saul Landau is confined to the defense of usury pleaded' in the answer. The burden of that defense is that the defendants Saul and Mary Landau, the owners of the property being foreclosed, were primary obligors of the loan transactions involved for which bonds, mortgages and other documents were executed and delivered to…
2Cases cited7 opinions
- Becker v. FaberNew York Court of Appeals · 1939
- Page v. . KrekeyNew York Court of Appeals · 1893
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Pink v. L. Kaplan, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
- Astra Pictures, Inc. v. SchapiroAppellate Terms of the Supreme Court of New York · 1944
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3Cited by5 opinions
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- El Paso Refining, Inc. v. Scurlock Permian Corp., Texas Court of Appeals, 8th District (El Paso)2002
- Sterling Property Management, Inc. v. Texas Commerce Bank, National AssociationCourt of Appeals for the Fifth Circuit · 1994
- Sterling Property Management, Inc. v. Texas Commerce BankCourt of Appeals for the Fifth Circuit · 1994
- Universal Metals & MacHinery, Inc. v. BohartTexas Supreme Court · 1976