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Brooklyn Savings Bank v. Ann-Gold Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 703 (N.Y. App. Div. 1935)

Opinion

February, 1935.


Order denying motion of the plaintiff and of the receiver, in an action to foreclose a mortgage, to compel the return of certain fixtures and personal property alleged to be covered by plaintiff's mortgage, affirmed, with ten dollars costs and disbursements, without prejudice to the right of the parties to raise the questions involved in this appeal by pleading the same in the present foreclosure action or in an independent action brought by the plaintiff or the receiver for that purpose. These questions cannot be determined upon a summary motion of this character, but must be raised in an action. Lazansky, P.J., Young, Carswell, Davis and Johnston, JJ., concur.


Summaries of

Brooklyn Savings Bank v. Ann-Gold Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 703 (N.Y. App. Div. 1935)
Case details for

Brooklyn Savings Bank v. Ann-Gold Realty Corp.

Case Details

Full title:THE BROOKLYN SAVINGS BANK, Appellant, v. ANN-GOLD REALTY CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1935

Citations

243 App. Div. 703 (N.Y. App. Div. 1935)

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