Jamaica Savings Bank v. Henry

In an action to foreclose a mortgage on real property, plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated February 23, 1984, which granted a motion by defendant Melvin S. Henry to dismiss the complaint.

Order reversed, on the law, without costs or disbursements, motion to dismiss denied, and complaint reinstated. Respondents’ time to interpose an answer is extended until 30 days after service upon them of a copy of the order to be made hereon, with notice of entry.

Plaintiff brought an action in the Civil Court, Queens County, to obtain judgment, inter alia,…