Ferraro v. Weisman
This text of 136 Misc. 61 (Ferraro v. Weisman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is alleged in the complaint that the defendants partially demolished and practically destroyed the house upon the premises with knowledge of the existence of the plaintiff’s mortgage, and as a result of such acts the value of the plaintiff’s [62]*62security was substantially impaired. The matter thus alleged constitutes a wrong for which the law affords a remedy irrespective of the solvency or insolvency of the mortgagor. It must be held, therefore, that the complaint states a cause of action and consequently the defendant’s motion is denied.
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Cite This Page — Counsel Stack
136 Misc. 61, 242 N.Y.S. 73, 1929 N.Y. Misc. LEXIS 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferraro-v-weisman-nysupct-1929.