Silver v. Park-Lex Holding Corp. — 248 N.Y. 537

Majority

p. 537

Frank Silver, Respondent, v. Park-Lex Holding Corporation et al., Appellants, Impleaded with Others.

Headnote

Real property — trust — foreclosure •*- action to foredose trust deed of real property given to secure bonds.

Silver v. Park-Lex Holding Corp., 222 App. Div. 40 , affirmed.

(Argued April 4, 1928;

decided May 1, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1928, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The action was to foreclose a trust deed of certain real property given by the owner to secure payment of certain bonds issued by it, it being alleged that there had been a default in payment of principal and interest.

Joseph A. Seidman, Milton Zuckerman and Walter S. Seidman for appellants.

Henry C. Burnstine and George E. Netter for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.