Legal Opinion

Mortgage Commission v. Fay

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

Decided December 23, 1938PublishedCited by 11 opinions

1Per curiam

The action is to foreclose a mortgage. It has been submitted on an agreed statement of facts pursuant to the provisions of sections 546 and 547 of the Civil Practice Act. This controversy involves a construction of section 1077-cc of the Civil Practice Act. (Laws of 1934, chap. 890, effective Aug. 24, 1934, as amd. by Laws of 1937, chap. 713, effective May 28, 1937.) The original statute, which was part of the Mortgage Moratorium Laws, provided:

“ § 1077-cc. Notwithstanding any inconsistent provisions of this act or of any other general or special law, the rate of interest upon any loan,…

2Cited by11 opinions

  1. Title Guarantee & Trust Co. v. 2846 Briggs Avenue, Inc.New York Court of Appeals · 1940
  2. 100 Eighth Ave. Corp. v. MorgensternNew York Supreme Court · 1956
  3. Royal Court Realty Co. v. ThomasAppellate Division of the Supreme Court of the State of New York · 1940
  4. Manufacturers Trust Co. v. Korsil Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  5. Klein v. Ernest Simons Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1941

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