Appellate Division of the Supreme Court of New York, 1936

Tucholski v. Zielenski

Tucholski v. Zielenski
Appellate Division of the Supreme Court of New York · Decided October 23, 1936
248 A.D. 910; 291 N.Y.S. 406; 1936 N.Y. App. Div. LEXIS 8043
Tucholski v. Zielenski

Opinion of the Court

Order in so far as it denies plaintiffs’ motion for summary judgment affirmed, and in so far as it grants the cross-motion of defendant George W. Brush & Son, Inc., for the same relief and determines that its mortgage take precedence over plaintiffs’ mortgage reversed on the law, without costs, and the *911motion denied, without costs. There are questions of fact and law to be determined. Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ., concur.

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