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Stolz v. Pickell

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1934
241 App. Div. 653 (N.Y. App. Div. 1934)

Opinion

January, 1934.


Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to respondents to plead over within ten days upon payment of the costs of the motion and of this appeal, upon the ground that the mortgage antedated the occupancy of the premises as alleged in paragraph 8 of the answer and there is no allegation that any part of the premises described in the complaint or interest therein is reserved or exempted from the mortgage in favor of the respondents or their predecessors in title. All concur.


Summaries of

Stolz v. Pickell

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1934
241 App. Div. 653 (N.Y. App. Div. 1934)
Case details for

Stolz v. Pickell

Case Details

Full title:BENJAMIN STOLZ and Another, as Executors and Trustees, etc., of JOHN A…

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

Date published: Jan 1, 1934

Citations

241 App. Div. 653 (N.Y. App. Div. 1934)