¶1Appeal from an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action, the action being “to compel defendants to execute a second mortgage ”. The order further provided “ that the action herein has been superceded and become academic by reason of the fact that plaintiff has instituted a foreclosure action and seeks summary judgment of foreclosure of a mortgage upon the premises to which this action relates ”, Order reversed for the same reasons set forth in the action of Proc v. Hall (7 A D 2d 806), with $10 costs to appellant. Poster, P. J., Bergan, Gibson and Herlihy, JJ., concur.
7 A.D.2d 806
Proc v. Hall
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1958
Appellate Division of the Supreme Court of the State of New York · decided 1958-12-30
Cited by 4 later decisions — most recently July 1972
4 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1958-12-30
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