Union Mortgage Co. v. Nelson

Appellate Division of the Supreme Court of New York

Union Mortgage Co. v. Nelson

275 A.D.2d 1028

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

DecidedOctober 10, 1949

StatusPublished

This text of 275 A.D.2d 1028 (Union Mortgage Co. v. Nelson) 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

Union Mortgage Co. v. Nelson, 275 A.D.2d 1028 (N.Y. Ct. App. 1949).

Pincite

Opinion

The allegations sought to be added by the amended and supplemental complaint are factually nothing more than nonpayment of first mortgage interest and taxes. This is not waste in a legal sense. In the absence of showing fraud or some obligation on the part of defendant owing to plaintiff to make such payments, neither the proposed amended nor supplemental complaint make out a cause of action. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

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The allegations sought to be added by the amended and supplemental complaint are factually nothing more than nonpayment of first mortgage interest and taxes. This is not waste in a legal sense. In the absence of showing fraud or some obligation on the part of defendant owing to plaintiff to make such payments, neither the proposed amended nor supplemental complaint make out a cause of action. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

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Bluebook (online)

275 A.D.2d 1028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-mortgage-co-v-nelson-nyappdiv-1949.