DANIEL v. SOBEN EQUITIES CORP.


23 A.D.2d 228 (1965)

Joel R. Daniel et al., Respondents, v. Soben Equities Corp., Appellant, et al., Defendant

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

May 27, 1965.


Attorney(s) appearing for the Case

Arnold Schildhaus for appellant.

Robert Moers for respondents.

BOTEIN, P. J., RABIN, McNALLY and STEVENS, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.


Per Curiam.

On a motion by plaintiffs which was granted on default, defendant's original answer in this mortgage foreclosure action was stricken as sham. Defendant also ignored notice of the reference to compute and notice of the motion for confirmation of the Referee's report and for judgment of foreclosure and sale. The amounts for which judgment was entered, apart from mortgage principal and interest, were $1,682...

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