SPANO v. PERRY


59 Misc.2d 1062 (1969)

Annunziato Spano et al., Plaintiffs, v. Gordon C. Perry et al., Defendants.

Supreme Court, Special Term, Tompkins County.

July 1, 1969


Attorney(s) appearing for the Case

Wiggins, Tsapis, Golder & Holmberg for plaintiffs. Leo J. Gangl for Gordon C. Perry and another, defendants.


FREDERICK B. BRYANT, J.

In this action for the foreclosure of a second mortgage, the plaintiffs move to strike from the answer defenses and counterclaims interposed by defendants, Perry and Gangl, and seek summary judgment of foreclosure against said defendants.

The facts are set forth in the pleadings and moving papers. The plaintiffs sold the real property which is the subject of the action to the defendant Perry in December, 1962. At that time...

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