1015 GERARD REALTY CORP. v. A & S IMPROVEMENTS CORP.


91 A.D.2d 927 (1983)

1015 Gerard Realty Corp., Appellant, v. A & S Improvements Corp., et al., Respondents

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

January 18, 1983


Plaintiff, the owner and holder of a consolidated mortgage on premises 1015-1025 Gerard Avenue, Bronx, New York, commenced an action to foreclose it. Defendant 1015-1025 Gerard Corp., the owner of the premises, and Phyllis Greenwald, the holder of the third mortgage thereon, interposed a single answer containing four affirmative defenses. Plaintiff thereupon moved to dismiss the affirmative defenses and for summary judgment. Special Term granted the motion as to the second...

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