MILLER v. JAMAICA SAV. BANK


50 A.D.2d 865 (1975)

A. Anthony Miller et al., Respondents, v. Jamaica Savings Bank, Appellant

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

December 22, 1975


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and so much of defendant's motion as sought dismissal of the first and second causes of action granted.

The complaint alleges in substance that the defendant mortgagee received and improperly rejected plaintiffs' prior tender of "all sums properly due" and then improperly brought a mortgage foreclosure action against them. As a first cause of action, the complaint alleges that defendant...

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