Schreier v. Cummings

This is an appeal from an order of the Supreme Court dismissing the complaint herein upon the ground of plaintiff’s laches. The complaint alleges a conspiracy on the part of the defendants in permitting the foreclosure of a mortgage in the year 1932. Plaintiff had knowledge of the foreclosure action. A few days after the sale he received notice of said sale. Referee’s deed under the sale has been given and a new corporation formed and a mortgage given by the new corporation, which mortgage has been assigned to the defendant bank. Plaintiff waited upwards of four years from the commencement of…