Legal Opinion

Elmira Savings & Loan Ass'n v. Spring

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1941PublishedCited by 3 opinions

1Opinion of the Court

Action to foreclose a real estate mortgage. The answer sets up a counterclaim which if established would nearly equal the mortgage debt. Upon the opening of the trial defendant’s attorney stated as followsIf your honor please I want to call for a jury here in this case. A question of fact.” This action is not one specified in section 425 of the Civil Practice Act. No motion was made to frame issues under sections 429, 430 et seq. of the Civil Practice Act. Judgment unanimously affirmed. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Poster, JJ.

2Cited by3 opinions

  1. Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
  2. Security Discount Associates, Inc. v. WeissbaumAppellate Division of the Supreme Court of the State of New York · 1954
  3. Furber v. Sidell, New York County Courts1957