McConihe v. Gies

New York Supreme Court

McConihe v. Gies

52 Misc. 54, 102 N.Y.S. 257

DecidedNovember 15, 1906

StatusPublished

This text of 52 Misc. 54 (McConihe v. Gies) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McConihe v. Gies, 52 Misc. 54, 102 N.Y.S. 257 (N.Y. Super. Ct. 1906).

Pincite

Opinion

Bischoff, J.

The moving defendant seeks an assignment of the mortgage not for the actual protection of his interests in the foreclosure suit, but to give him an advantage in controlling the ultimate disposal of the property as against other parties equally interested.

The court has discretion to refuse subrogation when sought by motion in an action for foreclosure (McLean v. Tompkins, 16 Abb. Pr. 24), and the facts before me lead to the conclusion that the motion should be denied, upon the plaintiff’s stipulating to take no further proceedings in this action pending the termination of the partition suit.'

Ordered accordingly.

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Bischoff, J.

The moving defendant seeks an assignment of the mortgage not for the actual protection of his interests in the foreclosure suit, but to give him an advantage in controlling the ultimate disposal of the property as against other parties equally interested.

The court has discretion to refuse subrogation when sought by motion in an action for foreclosure (McLean v. Tompkins, 16 Abb. Pr. 24), and the facts before me lead to the conclusion that the motion should be denied, upon the plaintiff’s stipulating to take no further proceedings in this action pending the termination of the partition suit.'

Ordered accordingly.

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Bluebook (online)

52 Misc. 54, 102 N.Y.S. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcconihe-v-gies-nysupct-1906.