Legal Opinion

Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.

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

Decided August 30, 1982PublishedCited by 98 opinions

1Opinion of the Court

OPINION OF THE COURT

- Lazer, J.

The plaintiffs in these two consolidated foreclosure actions are the trustees of the Pension and Retirement Benefit Fund, Locals 138, 138A and 138B, International Union of Operating Engineers (the Fund), which holds a first mortgage on a 500-acre parcel of land in Manorville, and Clearview Concrete Products Corp. (Clearview), the holder of a second mortgage on the same property. The property owner, Manorville Estates, a limited partnership, and its general partner, S. Charles Gherardi, Inc. (jointly referred to here as Manorville),1 have asserted the defense of…

2Cases cited52 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  3. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  4. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  5. Reno v. . BullNew York Court of Appeals · 1919

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3Cited by98 opinions

  1. Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
  2. Richard D. BENNETT and Carole A. Bennett, Plaintiffs-Appellants, v. UNITED STATES TRUST COMPANY OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1985
  3. Standard Chartered PLC v. Price WaterhouseCourt of Appeals of Arizona · 1997
  4. Keywell Corporation v. Daniel C. Weinstein and Anthony BoscarinoCourt of Appeals for the Second Circuit · 1994
  5. Meisel v. GrunbergDistrict Court, S.D. New York · 2009

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