Mortgage Commission v. Lebam Holding Corp.

Appellate Division of the Supreme Court of New York

Mortgage Commission v. Lebam Holding Corp.

251 A.D. 725, 297 N.Y.S. 444, 1937 N.Y. App. Div. LEXIS 7243

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

DecidedMay 7, 1937

StatusPublished

This text of 251 A.D. 725 (Mortgage Commission v. Lebam Holding 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

Mortgage Commission v. Lebam Holding Corp., 251 A.D. 725, 297 N.Y.S. 444, 1937 N.Y. App. Div. LEXIS 7243 (N.Y. Ct. App. 1937).

Pincite

Opinion

In a mortgage foreclosure action, order striking out the answer of defendant P. & L. Garage, Inc., granting summary judgment under rule 113 of the Rules of Civil Practice, and dismissing the counterclaim, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Adel and Close, JJ., concur; Hagarty, J., dissents and votes to reverse and to deny the motion, with the following memorandum: Upon the facts alleged, I am of opinion that the plaintiff is estopped from contesting the defendant-appellant’s rights under its lease, executed not only by the owner but by the mortgagee, Lawyers Title and Guaranty Company, in possession under an assignment of rents agreement.

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In a mortgage foreclosure action, order striking out the answer of defendant P. & L. Garage, Inc., granting summary judgment under rule 113 of the Rules of Civil Practice, and dismissing the counterclaim, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Adel and Close, JJ., concur; Hagarty, J., dissents and votes to reverse and to deny the motion, with the following memorandum: Upon the facts alleged, I am of opinion that the plaintiff is estopped from contesting the defendant-appellant’s rights under its lease, executed not only by the owner but by the mortgagee, Lawyers Title and Guaranty Company, in possession under an assignment of rents agreement.

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Bluebook (online)

251 A.D. 725, 297 N.Y.S. 444, 1937 N.Y. App. Div. LEXIS 7243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mortgage-commission-v-lebam-holding-corp-nyappdiv-1937.