General

Katherine Walter, Respondent, v. Tessie Laurino and Others, Defendants, and Angelo Laurino, Appellant

263 A.D. 874·New York Supreme Court, Appellate Division·1942·NY

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Opinion

Katherine Walter, Respondent, v. Tessie Laurino and Others, Defendants, and Angelo Laurino, Appellant. [MAJORITY] In an action to foreclose a mortgage on real property, the separate defense is that the appellant’s co-owner of the fee, and the mortgagee, conspired to foreclose the mortgage for the purpose of wiping out the appellant’s interest. Order granting plaintiff’s motion for summary judgment, and the judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.