Simonson v. Lauck
Appellate Division of the Supreme Court of the State of New York
Appeal from Nassau County Court. Action by Clara L. Simonson against Adolph Lauck and others. From an order of discontinuance of the action, etc., plaintiff appeals. Affirmed.
1Opinion of the CourtJenks, J.
The plaintiff in an action for foreclosure appeals from an order of the County Court therein that the action be discontinued, the lis pendens be canceled, and the plaintiff deliver the bond and mortgage, with an assignment thereof, to Steinert, upon payment to her of the principal, interest, and costs of the action up to date. The action was begun on February 11, 1905. The defendant Adolph Lauck is the owner in fee simple of the premises as tenant in common with four other defendants. He moved on notice and upon his and Steinert’s affidavit showing that on the 18th day of that month they went…
2Cases cited7 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Cleveland v. RothwellAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by2 opinions
- Smith v. SpragueMichigan Supreme Court · 1928
- French v. Grand Beach Co.Michigan Supreme Court · 1927