Royal Inn, Ltd. v. M.A.F. Realty Corp.

In an action to set aside as fraudulent an assignment of a mortgage, plaintiff appeals from a judgment of the Supreme Court, Westchester County (Beisheim, J.) entered December 1, 1982, which, upon defendants’ motion at the close cf plaintiff’s case, dismissed the complaint for the failure to make out a prima facie case.

Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

The plaintiff commenced this action seeking a judgment declaring a purported assignment of plaintiff’s interest in a mortgage instrument to the defendants to be fraudulent, null…