Klein v. Clearview Realty Corp.

Appellate Division of the Supreme Court of New York

Klein v. Clearview Realty Corp.

268 A.D. 963, 51 N.Y.S.2d 766, 1944 N.Y. App. Div. LEXIS 4416

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

DecidedDecember 1, 1944

StatusPublished

This text of 268 A.D. 963 (Klein v. Clearview 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

Klein v. Clearview Realty Corp., 268 A.D. 963, 51 N.Y.S.2d 766, 1944 N.Y. App. Div. LEXIS 4416 (N.Y. Ct. App. 1944).

Pincite

Opinion

Application by petitioner, as trustee under a declaration of trust dated June 1, 1937, and a plan of reorganization for mortgage investments guaranteed by State Title and Mortgage Company approved by an order of the Supreme Court, New York County, entered May 14, 1937, for an order, pursuant to section 1077-e of the Civil Practice Act, directing respondent, as the last record owner of property known as 2455 Amsterdam Avenue, in the City of New York, to pay petitioner the surplus income derived from the operation of said premises for the calendar year 1943 over and above the taxes, interest and all other carrying charges, to be applied to past due principal on the first mortgage on said premises.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion granted to the extent of directing that the 1943 surplus of $1,549.30 be paid to petitioner in reduction of the past due principal of the first mortgage herein. (Matter of Mortgage Corporation of N. Y. [Ohlbaum], 263 App. Div. 627, affd. 289 N. Y. 686.) Settle order on notice. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Application by petitioner, as trustee under a declaration of trust dated June 1, 1937, and a plan of reorganization for mortgage investments guaranteed by State Title and Mortgage Company approved by an order of the Supreme Court, New York County, entered May 14, 1937, for an order, pursuant to section 1077-e of the Civil Practice Act, directing respondent, as the last record owner of property known as 2455 Amsterdam Avenue, in the City of New York, to pay petitioner the surplus income derived from the operation of said premises for the calendar year 1943 over and above the taxes, interest and all other carrying charges, to be applied to past due principal on the first mortgage on said premises.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion granted to the extent of directing that the 1943 surplus of $1,549.30 be paid to petitioner in reduction of the past due principal of the first mortgage herein. (Matter of Mortgage Corporation of N. Y. [Ohlbaum], 263 App. Div. 627, affd. 289 N. Y. 686.) Settle order on notice. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

268 A.D. 963, 51 N.Y.S.2d 766, 1944 N.Y. App. Div. LEXIS 4416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-clearview-realty-corp-nyappdiv-1944.

Opinion

Related

Cite This Page — Counsel Stack