136 Misc. 283 | N.Y. Sup. Ct. | 1930
The complaint is defective in that it does not state that at the time the levy was made the vendee was in default. It is not sufficient to allege that “ prior ” to August 30, 1929, the vendee failed to pay the note in question. The note was made on August 16, 1928, and was to be paid September 16,
The complaint is dismissed, with leave to amend within twenty days upon payment of ten dollars costs of motion.
Section 64 was amended by Laws of 1925, chapter 561.— [Rep.