Guardian Life Insurance of America v. Newman

240 A.D. 986

Opinion

Judgment unanimously affirmed, with costs. As against judgment creditors of the mortgagor, we are of opinion that the clause in the mortgage purporting to mortgage “ furniture, fixtures and other necessary equipment for the operation of the building * * * belonging to the mortgagor at any time in, * * * or used in such operations,” is unavailable to constitute a lien which would affect the rights of such judgment creditors. (See Kribbs v. Alford, 120 N. Y. 519, 524; R. D. Co. v. Rasey, 142 id. 570, 575, 577; Zartman v. First Nat. Bank, 189 id. 267, 271; Titusville Iron Co. v. City of New York, 207 id. 203; Diana Paper Co. v. Wheeler-Green Electric Co., 228 App. Div. 577, 578.) Present — Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ.