Legal Opinion
Bank of New York v. Jean Penalver
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 2015No. 2012-10714PublishedCited by 4 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Joshua Nesbitt appeals from an order and judgment (one paper) of the Supreme Court, Richmond County (Minardo, J.), entered September 20, 2012, which granted those branches of the plaintiffs motion which were for summary judgment declaring that the plaintiff is equitably subrogated to the rights of a prior mortgagee, has an equitable first mortgage on the subject property in the principal sum of $109,237.57, and has an equitable first lien on the property in the principal sum of $30,179.48, and thereupon made the declaration.
Ordered that the…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- LaSalle Bank National Ass'n v. AllyAppellate Division of the Supreme Court of the State of New York · 2007
- Zeidel v. DunneAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by4 opinions
- JPMorgan Chase Bank, N.A. v. RosemanAppellate Division of the Supreme Court of the State of New York · 2016
- Citimortgage, Inc. v. ChouenAppellate Division of the Supreme Court of the State of New York · 2017
- Bank of N.Y. v. PenalverAppellate Division of the Supreme Court of the State of New York · 2018
- Carver Fed. Sav. Bank v. BaptisteAppellate Division of the Supreme Court of the State of New York · 2020