North River Mortgage Corp. v. 254 Sixth Ave. Realty Corp.
New York Supreme Court
1Opinion of the CourtBijur, J.
This is a motion to strike out of the answers certain denials as sham and frivolous under rule 103 of the Rules of Civil Practice and also to dismiss the defense and counterclaims pursuant to rule 109. The action is brought to foreclose a mortgage covering two parcels, Nos. 252 and 254 Sixth avenue, made by the corporate defendant. An answer is interposed on behalf of the corporate defendant and the two individuals, Selig and Rose Handel. There is an incidental controversy concerning the efficacy of certain denials, but apparently these have been interposed by defendants merely to avoid an…
2Cases cited8 opinions
- Brown v. . RobinsonNew York Court of Appeals · 1918
- Union Dime Savings Institution v. WilmotNew York Court of Appeals · 1883
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Myers v. . WheelerNew York Court of Appeals · 1900
- Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by2 opinions
- North River Mortgage Corp. v. 254 Sixth Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Vom Lehn v. EgbertNew York Supreme Court · 1932