MIDDLE ISLAND LAND & WATER CO. v. LA GRANGE


276 A.D. 765 (1949)

Middle Island Land and Water Company, Respondent, v. Kathryn J. La Grange et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1949.


Order denying motion of defendants La Grange, Commerdinger and Leeds to dismiss complaint for insufficiency, affirmed, with $10 costs and disbursements, with leave to said defendants to answer within ten days from the entry of the order hereon.

In the absence of some controlling statute to the contrary, and none is invoked by the parties in this case, the lien of the mortgage constitutes such a property right as to enable the owner thereof in common with the original...

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