NAT. BANK v. GLOUCESTER EQUITIES


82 Misc.2d 811 (1975)

National Bank of North America, Plaintiff, v. Gloucester Equities, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 25, 1975


Attorney(s) appearing for the Case

Lee Franklin for plaintiff. Nathan Zausmer for Gloucester Equities, Inc., defendant. Moses & Singer for Jacobson & Company, Inc., defendant. Anthony A. Cocheo for Sidney Blau, defendant. Vincent J. De Rosa for A. T. Asphalt Corp., defendant.


JOSEPH LIFF, J.

Plaintiff's motion for summary judgment in this foreclosure action is denied without prejudice to a renewal after the tenants of the subject property are joined as defendants in this action.

Plaintiff has waived its claim for late charges. Defendant Gloucester Equities, Inc., has withdrawn its "defense" based upon the $40,000 advance on November 16, 1972.

The remaining issue is Gloucester's defense of failure to name necessary...

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