First National State Bank v. Craigville Realty Corp.

Appellate Division of the Supreme Court of New York

First National State Bank v. Craigville Realty Corp.

38 A.D.2d 971, 331 N.Y.S.2d 1015, 1972 N.Y. App. Div. LEXIS 5074

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

DecidedMarch 27, 1972

StatusPublished

This text of 38 A.D.2d 971 (First National State Bank v. Craigville Realty 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

First National State Bank v. Craigville Realty Corp., 38 A.D.2d 971, 331 N.Y.S.2d 1015, 1972 N.Y. App. Div. LEXIS 5074 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action to foreclose a real property mortgage, defendant Craigville Realty Corporation appeals (1) from an order of the Supreme Court, Orange County, dated September 24,1970, which granted plaintiff’s motion for summary judgment against said defendant; (2) from so much of a further order of the same court, dated May 18, 1971, as, on reargument, adhered to the original decision; and (3) from the judgment of said court, dated January 4, 1971, granting plaintiff foreclosure and sale of the property. Appeal from order dated September 24, 1970 dismissed as academic. That order was superseded by the order made on reargument. Order dated May 18, 1971 affirmed insofar as appealed from. Judgment affirmed. A single bill of $10 costs and disbursements is awarded to .plaintiff to cover all the appeals. In our opinion, the record clearly establishes that Samuel Sudler and David S. Steiner had actual and apparent authority to execute and deliver the subject documents and that Craigville accepted the benefits of the substantial sums of money advanced by plaintiff. When plaintiff bank moved for permission to advance moneys to complete the construction, the opposition affidavit made no claim that the subject public record mortgages and consolidation agreement had been executed without Craigville’s authority. Rabin, P. J., Hopkins, Latham, Gulotta and Christ, JJ., concur.

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In an action to foreclose a real property mortgage, defendant Craigville Realty Corporation appeals (1) from an order of the Supreme Court, Orange County, dated September 24,1970, which granted plaintiff’s motion for summary judgment against said defendant; (2) from so much of a further order of the same court, dated May 18, 1971, as, on reargument, adhered to the original decision; and (3) from the judgment of said court, dated January 4, 1971, granting plaintiff foreclosure and sale of the property. Appeal from order dated September 24, 1970 dismissed as academic. That order was superseded by the order made on reargument. Order dated May 18, 1971 affirmed insofar as appealed from. Judgment affirmed. A single bill of $10 costs and disbursements is awarded to .plaintiff to cover all the appeals. In our opinion, the record clearly establishes that Samuel Sudler and David S. Steiner had actual and apparent authority to execute and deliver the subject documents and that Craigville accepted the benefits of the substantial sums of money advanced by plaintiff. When plaintiff bank moved for permission to advance moneys to complete the construction, the opposition affidavit made no claim that the subject public record mortgages and consolidation agreement had been executed without Craigville’s authority. Rabin, P. J., Hopkins, Latham, Gulotta and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 971, 331 N.Y.S.2d 1015, 1972 N.Y. App. Div. LEXIS 5074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-state-bank-v-craigville-realty-corp-nyappdiv-1972.