Harvey v. Mooney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Elizabeth Mooney, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 20th day • of October, 1914, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Carr, J.:
This is an appeal from a judgment of the County Court of Kings county decreeing foreclosure and sale. The controversy is a very narrow one. The defendant, the owner of the equity of redemption, appeals from the judgment, on the ground that she had made a tender of the amount due on the bond and mortgage, together with interest, before the action was begun, and hence the lien of the mortgage was discharged. She kept this tender good, and paid the amount into court. We are told in the brief of the appellant that since the entry of the judgment the plaintiff has withdrawn from the court…
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- Moran v. PinchotAppellate Division of the Supreme Court of the State of New York · 1917
- Dot Mort Holding Corp. v. ZitoAppellate Division of the Supreme Court of the State of New York · 1934