Appellate Division of the Supreme Court of New York, 1942

Walter v. Laurino

Walter v. Laurino
Appellate Division of the Supreme Court of New York · Decided January 5, 1942
263 A.D. 874; 32 N.Y.S.2d 796; 1942 N.Y. App. Div. LEXIS 7159
Walter v. Laurino

Opinion of the Court

In an action to foreclose a mortgage on real property, the separate defense is that the appellant’s co-owner of the fee, and the mortgagee, conspired to foreclose the mortgage for the purpose of wiping out the appellant’s interest. Order granting plaintiff’s motion for summary judgment, and the judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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