General

Jacob Cooperstein, Respondent, v. Joseph Sharkey and Others, Defendants, and Harry Butler and Ernst Koch, Appellants. (Action No. 4.)

228 A.D. 846·New York Supreme Court, Appellate Division·1930·NY

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Opinion

Jacob Cooperstein, Respondent, v. Joseph Sharkey and Others, Defendants, and Harry Butler and Ernst Koch, Appellants. (Action No. 4.) [MAJORITY] Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event, upon the ground that there is a lack of proof of any default on the part of the mortgagor with respect to interest or principal. Findings of fact inconsistent herewith are reversed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.