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Altman v. Beck

153 N.Y.S. 1104 Court N.Y. App. Div. Decision date 1915-05-25 English

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p. 1104
ALTMAN v. BECK et al.
(Supreme Court, Appellate Division, Second Department.
May 25, 1915.)

Headnote

Action by Aron Altman against Gesine Beck and others.

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order reversed, with $10 costs and disbursements, and motion denied, with $10 c.osts. There is no proof that the judgment assigned to respondent is a lien upon the mortgaged premises, as there is no evidence of the estate or interest of Holmes in the premises. The indefinite allegation in the complaint is insufficient. This defect is fatal. The reversal is without prejudice to a renewal of the application upon further proof. See, also, 152 N, Y. Supp. 1096 .