Title Guarantee & Trust Co. v. Mortgage Commission

247 A.D. 211, 286 N.Y.S. 869, 1936 N.Y. App. Div. LEXIS 8224

This text of 247 A.D. 211 (Title Guarantee & Trust Co. v. Mortgage Commission) 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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Title Guarantee & Trust Co. v. Mortgage Commission, 247 A.D. 211, 286 N.Y.S. 869, 1936 N.Y. App. Div. LEXIS 8224 (N.Y. Ct. App. 1936).

Opinion

Per Curiam.

The submission fails to disclose what connection, if any, exists between the plaintiff and the guarantor. Any such connection might be very material in the determination of the issues presented. We are further of the opinion that certificate holders other than the plaintiff should have notice of any intended submission and be afforded opportunity of agreeing, if possible, upon the statement of controversy.

We are unable to . decide the submission and the same, is accordingly dismissed.

Present — Martin, P. J., McAvoy, O'Malley and Cohn, JJ.

Submission of controversy unanimously dismissed.

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247 A.D. 211, 286 N.Y.S. 869, 1936 N.Y. App. Div. LEXIS 8224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/title-guarantee-trust-co-v-mortgage-commission-nyappdiv-1936.