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159 Misc. 803

Emsig v. Fuchs

Appellate Terms of the Supreme Court of New York · decided 1936-05-12

Cited by 1 later decisions — most recently December 1946

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1936-05-12

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Per Curiam.

¶1An action on a bond secured by a mortgage on realty is maintainable under sections 1077-b and 1083-b of the Civil Practice Act when an action to foreclose a mortgage would be main-*804tamable. Moreover, the defendant, where the action is on a bond, must prove reasonable market value of the property by way of set-off.

¶2Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

¶3All concur. Present — Levy, Hammer and Callahan, JJ.

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