North Bronx Theatres, Inc. v. Daniel Houlihan Corp.

Appellate Terms of the Supreme Court of New York

North Bronx Theatres, Inc. v. Daniel Houlihan Corp.

9 Misc. 2d 328, 164 N.Y.S.2d 553, 1957 N.Y. Misc. LEXIS 2792

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 1957

StatusPublished

Cited by1 cases

This text of 9 Misc. 2d 328 (North Bronx Theatres, Inc. v. Daniel Houlihan Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Bronx Theatres, Inc. v. Daniel Houlihan Corp., 9 Misc. 2d 328, 164 N.Y.S.2d 553, 1957 N.Y. Misc. LEXIS 2792 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

The assignment of mortgage defendant tendered plaintiff together with a Supreme Court order directing cancellation of the mortgage upon filing a satisfaction piece with the order, was ineffectual. Section 322 of the Real Property-Law authorizes only a cancellation of the lost mortgage upon filing of the satisfaction piece with the court order. Since the mortgage was lost by defendant’s agent, as defendant claims, plaintiff is entitled to the extra expense it incurred in recording a new consolidated mortgage.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

Hecht, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The assignment of mortgage defendant tendered plaintiff together with a Supreme Court order directing cancellation of the mortgage upon filing a satisfaction piece with the order, was ineffectual. Section 322 of the Real Property-Law authorizes only a cancellation of the lost mortgage upon filing of the satisfaction piece with the court order. Since the mortgage was lost by defendant’s agent, as defendant claims, plaintiff is entitled to the extra expense it incurred in recording a new consolidated mortgage.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

Hecht, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

9 Misc. 2d 328, 164 N.Y.S.2d 553, 1957 N.Y. Misc. LEXIS 2792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-bronx-theatres-inc-v-daniel-houlihan-corp-nyappterm-1957.

Opinion

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