330 Bleecker Street Corp. v. Mutual Tile Corp.

New York Court of Appeals

330 Bleecker Street Corp. v. Mutual Tile Corp.

183 N.E. 381, 260 N.Y. 258, 1932 N.Y. LEXIS 685

CourtNew York Court of Appeals

DecidedNovember 22, 1932

StatusPublished

Cited by2 cases

This text of 183 N.E. 381 (330 Bleecker Street Corp. v. Mutual Tile Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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330 Bleecker Street Corp. v. Mutual Tile Corp., 183 N.E. 381, 260 N.Y. 258, 1932 N.Y. LEXIS 685 (N.Y. 1932).

Pincite

Opinion

Per Curiam.

As between the appellant, Mutual Tile Company, and the New York Title and Mortgage Company rights and priorities must obviously be ascertained and settled. Since its rights and interests are or may be involved in that settlement respondent should have an opportunity to be heard in the matter. The proper forum for the determination of all these equities and priorities is in this action. (McDermott v. Lawyers Mortgage Co., 232 N. Y. 336, 349.)

The order should be reversed, with costs in all courts, and the motion granted, with ten dollars costs. Question No. 1 is not answered. Question No. 2 is answered in the affirmative.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur.

Order reversed, etc.

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