ALLIED BLDG. CREDITS, INC. v. VALLIEU


20 A.D.2d 604 (1963)

Allied Building Credits, Inc., Respondent, v. Sherril Vallieu et al., Appellants

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

December 27, 1963


Respondent seeks to foreclose an alleged mortgage on appellants' premises. Appellants in their answer and affidavits in opposition to the motion to strike assert that they did not execute a mortgage on the premises in dispute and that if their signatures appear on such a document they were obtained through fraud or deceit. First we agree with appellants' contention that the alleged mortgage should have been produced and considered by the court below prior to rendering summary...

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