May 24, 1965 AULISI, J. Appeal from an order entered in the office of the Clerk of the County of Albany on December 3, 1964, which, inter alia, granted summary judgment and struck out defendant's answer. Defendant Garlock on or about December 22, 1960, executed a mortgage to the plaintiff in the sum of $3,165. On June 17, 1964, plaintiff commenced a foreclosure action and issue was joined by an answer which admitted the execution of the mortgage but denied the other allegations in the complaint and
November 23, 1965 AULISI, J. Appeal from an order of the Supreme Court at Special Term, Broome County, which denied defendant's motion (1) for summary judgment to dismiss plaintiff's complaint in this action to recover from the defendant personally the balance alleged to be due for merchandise sold and delivered to him while he was operating a business as a receiver; (2) for a stay of proceedings and (3) to punish plaintiff's treasurer and attorney for contempt. The defendant denies liability urging
February 8, 1965 Halter, Sullivan Rehfuss for defendants. William Heinecke for plaintiff. T. PAUL KANE, J. Defendants move for summary judgment in an action instituted by plaintiff vendor, for specific performance of a contract of sale of real property. The parties executed the contract in question on April 7, 1964, whereby the plaintiff agreed to sell, and the defendants agreed to purchase, real property known as 163 Lancaster St. in the City of Albany, N.Y. The closing date, originally set for
2011-10-25 John F. SMITH and Lisa Smith, Respondents, v. Marijane REILLY, Appellant. Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for respondents. Chief Judge LIPPMAN and Judges CIPARICK Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for