MTR. OF JEFFREY TOWERS v. STRAUS


31 A.D.2d 319 (1969)

In the Matter of Jeffrey Towers, Inc., Respondent-Appellant, v. Irma Straus et al., Appellants-Respondents

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

February 24, 1969.


Attorney(s) appearing for the Case

Moore & Romm (Milton L. Romm of counsel), for appellants-respondents.

Seymour Robinowitz and Neal A. Permutt for respondent-appellant.

CHRIST, Acting P. J., BRENNAN, HOPKINS and BENJAMIN, JJ., concur.


MUNDER, J.

Three issues are raised by this appeal: (1) whether the instant proceeding was properly brought pursuant to section 1921 of the Real Property Actions and Proceedings Law (which section provides that a mortgagor may apply to the Supreme Court for an order discharging his mortagage when the mortgagee refuses to accept a properly tendered payment), inasmuch as the instant mortgagees, the appellants-respondents...

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