O'Brien v. Empire Discount Corp.

Appellate Division of the Supreme Court of New York

O'Brien v. Empire Discount Corp.

25 A.D.2d 484, 267 N.Y.S.2d 500, 1966 N.Y. App. Div. LEXIS 5121

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

DecidedJanuary 20, 1966

StatusPublished

This text of 25 A.D.2d 484 (O'Brien v. Empire Discount 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.

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O'Brien v. Empire Discount Corp., 25 A.D.2d 484, 267 N.Y.S.2d 500, 1966 N.Y. App. Div. LEXIS 5121 (N.Y. Ct. App. 1966).

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Opinion

Judgment affirmed, without costs of this appeal to any party. All concur, except Williams, P. J., and Goldman, J., who dissent and vote for reversal in the following Memorandum: Equity [485]*485and fairness require that the amount received from the condemnation of a portion of the property covered by the Empire Discount Corporation mortgage should have been applied in reduction of the first mortgage. (See Muldoon v. Mid-Bronx Holding Corp., 287 N. Y. 227; Cyllene Corp. v. Eisen, 272 N. Y. 526; Matter of City of New York [Neptune Ave.], 271 N. Y. 331; Matter of City of New York [Houghton Ave.], 266 N. Y. 26, 29.) (Appeal from judgment of Monroe Trial Term foreclosing the mortgage and ordering a sale.)

Present — Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Judgment affirmed, without costs of this appeal to any party. All concur, except Williams, P. J., and Goldman, J., who dissent and vote for reversal in the following Memorandum: Equity [485]*485and fairness require that the amount received from the condemnation of a portion of the property covered by the Empire Discount Corporation mortgage should have been applied in reduction of the first mortgage. (See Muldoon v. Mid-Bronx Holding Corp., 287 N. Y. 227; Cyllene Corp. v. Eisen, 272 N. Y. 526; Matter of City of New York [Neptune Ave.], 271 N. Y. 331; Matter of City of New York [Houghton Ave.], 266 N. Y. 26, 29.) (Appeal from judgment of Monroe Trial Term foreclosing the mortgage and ordering a sale.)

Present — Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 484, 267 N.Y.S.2d 500, 1966 N.Y. App. Div. LEXIS 5121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-empire-discount-corp-nyappdiv-1966.

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