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Appellate Division of the Supreme Court of New York, 1933

Pellino v. 3232 Hull Avenue Realty Corp.

Pellino v. 3232 Hull Avenue Realty Corp.
Appellate Division of the Supreme Court of New York · Decided February 17, 1933
237 A.D. 759; 264 N.Y.S. 214; 1933 N.Y. App. Div. LEXIS 10718

Counsel

Charles Novello, for the appellants., Joseph A. Sarafite of counsel [Loms J. Naftalison with him on the brief; Sarafite & Naftalison, attorneys], for the respondent.

Pellino v. 3232 Hull Avenue Realty Corp.

Opinion of the Court

Per Curiam.

No triable issue is presented by the answering affidavit. The mortgage is eoncededly past due and no consideration has been shown for the alleged extension agreement. The exact amount due may be determined before a referee appointed to compute.

The order should be reversed, with twenty dollars costs and disbursements, and the motion- granted, with ten dollars costs.

Present — Finch, P. J., Martin, O’Malley, Sherman and Townley, JJ.

Order reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs. Settle order on notice.

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