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Joseph Mercadante, Maple Gardens, Inc., and The Nafra Company, Inc. v. Empire Trust Company, Respondent Empire Trust Company v. Joseph Mercadante and Mary S. Mercadante, Appellants Empire Trust Company v. Maple Gardens, Inc., Impleaded with Another
Opinions in this case
- Majority
- Dissent — Cohn
Appeal by the plaintiffs in Appeal No. 1 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, dismissing the amended complaint upon the merits.
[882] Appeal by the defendants in Appeal No. 2 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, directing a foreclosure and sale and dismissing the counterclaim of the defendant Joseph Mercadante upon the merits.
Appeal by the defendant Maple, Gardens, Inc., in Appeal No. 3 from a judgment of the Supreme Court, entered in the New York county clerk’s office on April 9, 1937, upon a decision, directing a foreclosure and sale.
Judgments affirmed, with costs. No opinion.
Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Martin, P. J., and Cohn, J., dissent from affirmance of judgment dismissing complaint in Mercadante v. Empire Trust Company, and vote for reversal. Dissenting opinion by Cohn, J.