From Casetext: Smarter Legal Research

Ponce De Leon Federal Savings & Loan Ass'n v. Nemeroff

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1967
28 A.D.2d 668 (N.Y. App. Div. 1967)

Opinion

June 15, 1967


Order entered February 20, 1967, denying plaintiff's motion to strike defendants' supplemental answer unanimously reversed, on the law, and motion granted, with $50 costs and disbursements to appellant. In this action to foreclose a mortgage on real property the answer sets up a defense of tender. The facts do not show a tender of any amount. What they do show is an offer to pay which was accepted but nothing proffered to implement the offer. Under the circumstances this does not constitute a defense ( New York Utility Co. v. Williamsburg Steam Laundry Co., 187 App. Div. 110; Rosenbaum v. Rose, 35 Misc.2d 431).

Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.


Summaries of

Ponce De Leon Federal Savings & Loan Ass'n v. Nemeroff

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1967
28 A.D.2d 668 (N.Y. App. Div. 1967)
Case details for

Ponce De Leon Federal Savings & Loan Ass'n v. Nemeroff

Case Details

Full title:PONCE DE LEON FEDERAL SAVINGS LOAN ASSOCIATION, Appellant v. MAX NEMEROFF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1967

Citations

28 A.D.2d 668 (N.Y. App. Div. 1967)