NOR-SHIRE ASSOCS., INC. v. LOWE


28 A.D.2d 1075 (1967)

Nor-Shire Associates, Inc., Appellant, v. Charles W. Lowe et al., Respondents

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

October 19, 1967


Judgment unanimously reversed on the law and facts, new trial granted, without costs to any party, and leave granted to plaintiff to move to amend its complaint.

Memorandum:

In this action plaintiff sought foreclosure of a mortgage based upon allegations in the complaint that the individual mortgagors had defaulted in payment of their personal promissory note executed simultaneously with the mortgage. It developed upon the trial that these individuals also...

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