East River Savings Bank v. 671 Prospect Avenue Holding Corp.

Appellate Division of the Supreme Court of New York

East River Savings Bank v. 671 Prospect Avenue Holding Corp.

254 A.D. 845, 6 N.Y.S.2d 341, 1938 N.Y. App. Div. LEXIS 7924

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 1938

StatusPublished

This text of 254 A.D. 845 (East River Savings Bank v. 671 Prospect Avenue Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

East River Savings Bank v. 671 Prospect Avenue Holding Corp., 254 A.D. 845, 6 N.Y.S.2d 341, 1938 N.Y. App. Div. LEXIS 7924 (N.Y. Ct. App. 1938).

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Opinion

Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — O’Malley, Townley, Glennon, Dore and Cohn, JJ.; Glennon and Cohn, JJ., dissent and vote to reverse and deny motion for summary judgment, on the ground that the issue as to whether the personal property in dispute is subject to the mortgage lien is one of fact which must await determination upon the trial of the action. (Manufacturers Trust Company v. Peck-Schwartz Realty Corporation, 277 N. Y. 283; Brooklyn Savings Bank v. Ann-Gold Realty Corporation, 243 App. Div. 703; New York Title Co. v. Menreal Corp., 242 id. 711; Prudential Insurance Co. v. Sanford Real Estate Corp., 246 id. 567.)

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Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — O’Malley, Townley, Glennon, Dore and Cohn, JJ.; Glennon and Cohn, JJ., dissent and vote to reverse and deny motion for summary judgment, on the ground that the issue as to whether the personal property in dispute is subject to the mortgage lien is one of fact which must await determination upon the trial of the action. (Manufacturers Trust Company v. Peck-Schwartz Realty Corporation, 277 N. Y. 283; Brooklyn Savings Bank v. Ann-Gold Realty Corporation, 243 App. Div. 703; New York Title Co. v. Menreal Corp., 242 id. 711; Prudential Insurance Co. v. Sanford Real Estate Corp., 246 id. 567.)

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Bluebook (online)

254 A.D. 845, 6 N.Y.S.2d 341, 1938 N.Y. App. Div. LEXIS 7924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-river-savings-bank-v-671-prospect-avenue-holding-corp-nyappdiv-1938.

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