Manor Realty Co. v. Koeppel

Appellate Division of the Supreme Court of New York

Manor Realty Co. v. Koeppel

235 A.D. 733

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

DecidedMarch 15, 1932

StatusPublished

This text of 235 A.D. 733 (Manor Realty Co. v. Koeppel) 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

Manor Realty Co. v. Koeppel, 235 A.D. 733 (N.Y. Ct. App. 1932).

Pincite

Opinion

Judgment modified by limiting the amount due for principal on plaintiff’s mortgage as to parcel No. 1 to the sum of $3,500, and as so modified affirmed, in so far as appealed from, without costs. In our opinion, the plaintiff’s letter of September 7, 1929, delivered to appellants’ attorney, Goodman, by the mortgagor, Koeppel, by which plaintiff agreed to allocate the balance of $9,500 principal due on its mortgage between parcels Nos. 1 and 6 as follows: $3,500 upon parcel No. 1 and $6,000 upon parcel No. 6, operated as an estoppel, and plaintiff is not now entitled to a mortgage lien on parcel No. 1 in excess of $3,500 for principal. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions to sustain this decision will be made. Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial; Davis, J., dissents and votes for affirmance. Settle order on notice.

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Judgment modified by limiting the amount due for principal on plaintiff’s mortgage as to parcel No. 1 to the sum of $3,500, and as so modified affirmed, in so far as appealed from, without costs. In our opinion, the plaintiff’s letter of September 7, 1929, delivered to appellants’ attorney, Goodman, by the mortgagor, Koeppel, by which plaintiff agreed to allocate the balance of $9,500 principal due on its mortgage between parcels Nos. 1 and 6 as follows: $3,500 upon parcel No. 1 and $6,000 upon parcel No. 6, operated as an estoppel, and plaintiff is not now entitled to a mortgage lien on parcel No. 1 in excess of $3,500 for principal. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions to sustain this decision will be made. Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial; Davis, J., dissents and votes for affirmance. Settle order on notice.

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Bluebook (online)

235 A.D. 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manor-realty-co-v-koeppel-nyappdiv-1932.