[DOWNLOAD] "Florence Cohen Et Al. v. Paul Levy" by Supreme Court of New York * Book PDF Kindle ePub Free

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eBook details

• Title: Florence Cohen Et Al. v. Paul Levy
• Author : Supreme Court of New York
• Release Date : January 30, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[50 A.D.2d 1039 Page 1039] Appeal from an order of the Supreme Court at Special Term, entered March 13, 1975 in Sullivan County, which denied a motion (1) to open and set aside a default judgment of foreclosure, (2) to set aside a referee's deed, (3) to order restitution of rents collected, (4) to direct a trial on a claim of usury on the part of the plaintiffs, and (5) granted a motion to dismiss defendant Levy's complaint served on November 29, 1974. On June 2, 1972 defendant Levy executed and delivered a $5,500 mortgage to plaintiffs on defendant's property in Monticello, New York, in consideration of plaintiffs' loan to defendant in the same amount. The entire sum, with 7 1/2% interest, was to be repaid on June 1, 1973. Upon defendant's default, plaintiffs duly entered a default judgment on December 28, 1973. This application was made on October 29, 1974 and defendant instituted an action seeking identical relief one month later. Defendant raises numerous defenses, none of which has merit. In order to obtain relief from a default judgment the defaulting party must show (1) a valid excuse and the absence of willfulness and (2) a meritorious defense which is not established by allegations in conclusory form (Harris v Harris, 35 A.D.2d 894). The power to [50 A.D.2d 1039 Page 1040]

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