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Appellate Terms of the Supreme Court of New York, 1936

Emsig v. Fuchs

Emsig v. Fuchs
Appellate Terms of the Supreme Court of New York · Decided May 12, 1936
159 Misc. 803; 288 N.Y.S. 784; 1936 N.Y. Misc. LEXIS 1312

Counsel

Jackson & Lester [Irwin D. Lester of counsel], for the appellant., Max Fuchs, for the respondent.

Emsig v. Fuchs

Opinion of the Court

Per Curiam.

An action on a bond secured by a mortgage on realty is maintainable under sections 1077-b and 1083-b of the Civil Practice Act when an action to foreclose a mortgage would be main-*804tamable. Moreover, the defendant, where the action is on a bond, must prove reasonable market value of the property by way of set-off.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Levy, Hammer and Callahan, JJ.

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