Connecticut General Life Insurance v. Rea

265 A.D. 870, 37 N.Y.S.2d 910, 1942 N.Y. App. Div. LEXIS 6254

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 16, 1942
• Status: Published

Opinion

Plaintiff, as mortgagee, seeks to apply to those plumbing supplies the after-acquired personal property clause of its mortgage. No facts are alleged in the complaint entitling plaintiff to that relief. (Mfrs. Trust Co. v. Peck-Schwartz R. Corp., 277 N. Y. 283, 285, 286.) Appeal from order denying appellant’s motion to open its default dismissed, without costs. The appeal from the order denying appellant's motion to open its default has become academic. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.