Wexler v. Schiff

Appellate Terms of the Supreme Court of New York

Wexler v. Schiff

149 Misc. 834, 268 N.Y.S. 143, 1933 N.Y. Misc. LEXIS 1755

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 12, 1933

StatusPublished

Cited by1 cases

This text of 149 Misc. 834 (Wexler v. Schiff) 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

Wexler v. Schiff, 149 Misc. 834, 268 N.Y.S. 143, 1933 N.Y. Misc. LEXIS 1755 (N.Y. Ct. App. 1933).

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Opinions

Per Curiam.

As to the sums received by the owner under the modified building loan agreement of July 28, 1932, to complete the improvement the $2,500 payment by defendant in behalf of the owner for an assignment to the owner of the existing second mortgage of $49,700, was made prior to the “ initial advance ” under the modified loan agreement (Lien Law, § 2), and the failure to include that item as a cost of improvement or otherwise under the modified contract entitles the plaintiff, a lienor improving the property subsequent to the modified agreement, to recover from the defendant as trustee (Lien Law, § 36) the amount of his lien.

Judgment and order affirmed, with ten dollars costs.

Levy and Callahan, JJ., concur.

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Per Curiam.

As to the sums received by the owner under the modified building loan agreement of July 28, 1932, to complete the improvement the $2,500 payment by defendant in behalf of the owner for an assignment to the owner of the existing second mortgage of $49,700, was made prior to the “ initial advance ” under the modified loan agreement (Lien Law, § 2), and the failure to include that item as a cost of improvement or otherwise under the modified contract entitles the plaintiff, a lienor improving the property subsequent to the modified agreement, to recover from the defendant as trustee (Lien Law, § 36) the amount of his lien.

Judgment and order affirmed, with ten dollars costs.

Levy and Callahan, JJ., concur.

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Bluebook (online)

149 Misc. 834, 268 N.Y.S. 143, 1933 N.Y. Misc. LEXIS 1755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wexler-v-schiff-nyappterm-1933.

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