Legal Opinion
Dime Savings Bank v. Barnes
New York Supreme Court
Decided October 27, 1971PublishedCited by 1 opinion
1Opinion of the CourtBertram Harnett, J.
This motion by plaintiff for summary judgment in a mortgage foreclosure action is granted. The affidavits submitted in opposition to the motion demonstrate no material and triable issues of fact. (Di Sabato v. Soffes, 9 A D 2d 297; Kramer v. Harris, 9 A D 2d 282.)
*838Defendant Elizabeth D. Barnes’ mortgage account had been in arrears on several occasions prior to 1970, each of which times the arrearage was eventually satisfied. Beginning July,-1970, the account was again in arrears, and the arrearage continued and increased until November 12,1970 when Miss Barnes forwarded her check to plaintiff…
2Cases cited7 opinions
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Eddy v. . DavisNew York Court of Appeals · 1889
- 446 West 44th Street Inc. v. Riverland Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Tymon v. WolitzerNew York Supreme Court · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Holmes v. W. T. Grant, Inc.New York Supreme Court · 1972