In re Pink

Appellate Division of the Supreme Court of New York

In re Pink

249 A.D. 646, 291 N.Y.S. 248, 1936 N.Y. App. Div. LEXIS 5378

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

DecidedNovember 23, 1936

StatusPublished

This text of 249 A.D. 646 (In re Pink) 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

In re Pink, 249 A.D. 646, 291 N.Y.S. 248, 1936 N.Y. App. Div. LEXIS 5378 (N.Y. Ct. App. 1936).

Pincite

Opinion

In a proceeding under section 1077-e of the Civil Practice Act, order directing the appellant to make available for inspection by the mortgagee and the court all records and data and other information, if any, in its possession pertaining to the income and disbursements of the mortgaged premises for six months preceding May 1, 1936, reversed upon the law, with ten dollars costs and disbursements, and application denied, with ten dollars costs. The petition contains no allegation that there existed, at the time of the application for this order, any default in the payment of principal or any installment thereof. The allegations of paragraph seventh of the petition, to the effect that the petitioner would have the right to foreclose for non-payment of installments of principal, except for the provisions of the moratorium statutes, is not an allegation that any such defaults existed, and is a mere conclusion of law. The petitioner, if so advised, may amend the petition and renew the application within ten days from the entry of the order hereon. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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In a proceeding under section 1077-e of the Civil Practice Act, order directing the appellant to make available for inspection by the mortgagee and the court all records and data and other information, if any, in its possession pertaining to the income and disbursements of the mortgaged premises for six months preceding May 1, 1936, reversed upon the law, with ten dollars costs and disbursements, and application denied, with ten dollars costs. The petition contains no allegation that there existed, at the time of the application for this order, any default in the payment of principal or any installment thereof. The allegations of paragraph seventh of the petition, to the effect that the petitioner would have the right to foreclose for non-payment of installments of principal, except for the provisions of the moratorium statutes, is not an allegation that any such defaults existed, and is a mere conclusion of law. The petitioner, if so advised, may amend the petition and renew the application within ten days from the entry of the order hereon. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

249 A.D. 646, 291 N.Y.S. 248, 1936 N.Y. App. Div. LEXIS 5378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pink-nyappdiv-1936.