Legal Opinion

Federation Bank & Trust Co. v. Andrew Jackson Apartments, Inc.

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

Decided November 28, 1938PublishedCited by 1 opinion

1Opinion of the Court

Action to foreclose a mortgage on real property. Defendant-owner appeals from the order granting plaintiff’s motion for reargument of its motion for summary judgment and on reargument granting the motion to strike out said defendant’s answer, directing a reference to compute and judgment of foreclosure and sale. Order affirmed, with ten dollars costs and disbursements. The facts pleaded in the complaint are not in dispute. Defendant-owner pleaded as a defense that by reason of certain transactions between the parties the maintenance of the action by plaintiff is inequitable and unconscionable…

2Cases cited2 opinions

  1. Curry v. MacKenzieNew York Court of Appeals · 1925
  2. Federation Bank & Trust Co. v. Andrew Jackson Apartments, Inc.New York Supreme Court · 1938

3Cited by1 opinion

  1. Gettinger v. Storper Realty Co.New York Supreme Court · 1944

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