LONG v. SUFFOLK SUPERIOR DINER, INC.


25 A.D.2d 656 (1966)

William F. Long, Respondent, v. Suffolk Superior Diner, Inc., Appellant, et al., Defendants

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

March 7, 1966


Order affirmed, without costs and without prejudice to a renewal by either party to the appeal of their respective motions, if so advised.

While we do not pass on the merits of the respective motions, it would appear, on the record as it now stands, that the foreclosure action is maintainable, subject to a right of offset by appellant to the extent of the aggregate of the notes bearing due dates subsequent to the cessation of business. However, this is a matter for...

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