CAROUSEL, INC. v. INGEGNO


42 Misc.2d 161 (1963)

Carousel, Inc., Plaintiff, v. Anthony Ingegno et al., Defendants.

Supreme Court, Special Term, Suffolk County.

December 17, 1963


Attorney(s) appearing for the Case

Duban & Cohen for plaintiff. Charles T. Koop for defendants.


FRED J. MUNDER, J.

From the complaint this action appears to be an ordinary real property mortgage foreclosure for failure to pay monthly installment on the bond. The proof, however, discloses that the bond and mortgage were given to secure the performance of a so-called leasing agreement. Thus unless the defendant is indebted to the plaintiff under that agreement there is no debt on the bond.

The agreement provides for the rental by the plaintiff...

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