AM. TRUST CO. v. 22 W. 25TH ST.


33 Misc.2d 423 (1962)

American Trust Company et al., Plaintiffs, v. 22 West 25th Street Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

January 11, 1962


Attorney(s) appearing for the Case

Bass & Friend for plaintiffs. Ruben M. Cohen for Dual Plumbing & Heating Supply, Inc., defendant. Nachby & Liebowitz for Jewel Metal Cabinets, Inc., defendant.


JACOB MARKOWITZ, J.

Plaintiffs move for summary judgment in this action to foreclose two mortgages. The motion is opposed by two of the named defendants.

The objection raised by Dual Plumbing & Heating Supply, Inc., hereinafter referred to as "Dual," that plaintiffs have failed to allege in their complaint that the building loan agreement was filed, is without merit, for plaintiffs are not required...

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