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Jamaica Savings Bank v. M. S. Investing Co.

248 A.D. 918 Court N.Y. App. Div. Decision date 1936-10-30 English

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p. 918
Jamaica Savings Bank, Appellant, v. M. S. Investing Co., Inc., and Others, Defendants, and William E. Kennedy and Colley E. Williams, Respondents.

In an action to foreclose a mortgage, order granting motion of the defendants-respondents for an order framing issues and directing a question of fact to be tried by a jury as of right affirmed, with ten dollars costs and disbursements. No opinion. Young, Hagarty and Taylor, JJ., concur; Lazansky, P. J., and Add, J., dissent and vote to reverse upon the ground that the action is for the foreclosure of a mortgage and the prayer for a deficiency judgment is merely for incidental relief, even though the respondents be guarantors.