PONCE DE LEON FED. SAV. & LOAN ASS'N v. NEMEROFF


28 A.D.2d 668 (1967)

Ponce De Leon Federal Savings & Loan Association, Appellant, v. Max Nemeroff et al., Respondents

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

June 15, 1967


Order entered February 20, 1967, denying plaintiff's motion to strike defendants' supplemental answer unanimously reversed, on the law, and motion granted, with $50 costs and disbursements to appellant.

In this action to foreclose a mortgage on real property the answer sets up a defense of tender. The facts do not show a tender of any amount. What they do show is an offer to pay which was accepted but nothing proffered to implement the offer. Under the circumstances...

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