45 A.D.2d 759 | N.Y. App. Div. | 1974
In an action to foreclose a mortgage on real property, defendant George Freed appeals from (1) a judgment of the Supreme Court, Queens County, made on notice to him and over his opposition, entered January 8, 1974, and which ordered that the mortgaged premises be sold in foreclosure, and (2) two purported orders of the same court, which the notice of appeal states are dated December 10, 1973 and January 24, 1974, respectively. No orders were made on these two dates, but decisions were, i.e., the first inter alia, denying defendants Freed leave to interpose an answer alleging usury in the transaction in which the loan in question was made and the second denying a renewed motion by defendant George Freed for such leave. An order of said court was entered February 1, 1974, which denied said renewed motion. The notice of appeal is hereby deemed amended to show that the appeal is also from the order entered February 1, 1974. Appeal from decisions dismissed. No appeal lies from a decision. Order entered February 1,1974, reversed, judgment entered January 8,1974 vacated as to George Freed and'said defendant is granted leave to serve an answer to the complaint, setting forth the affirmative defense of usury. Such answer must be served within