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TRS. OF COLUMBIA UNIV. v. MORTGAGEE INVESTORS CORP.

196 Misc. 92 (1949)

Trustees of Columbia University in the City of New York, Plaintiff, v. Mortgagee Investors Corporation, Defendant.

Supreme Court, Special Term, New York County.

April 19, 1949.

Attorney(s) appearing for the Case

Benjamin Solovay for defendant.

Joseph R. Shaughnessy for plaintiff.

HAMMER, J.

This motion is brought by defendant purchaser under subdivision 5 of rule 106 of the Rules of Civil Practice to dismiss the complaint for defect appearing on the face thereof in that it does not state facts sufficient to constitute a cause of action in equity.

The action is by the seller of a first mortgage on real estate which seeks judgment directing the defendant to accept a valid and sufficient...

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