Legal Opinion

Treib & Brodsky, Inc. v. North

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

Decided October 15, 1915Published

1Opinion of the Court

Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that under authority of De Peyster v. Murphy (66 N. Y. 622); Lathers v. Keogh (109 id. 583), and Doonan v. Killilea (87 Misc. Rep. 427), affirmed simultaneously *956herewith it must be held that the assessment installments due after the closing day were nevertheless upon that day an incumbrance within the meaning of the contract. Jenks, P. J., Mills, Rich and Putnam, JJ., concurred; Thomas, J., not voting.

2Cases cited2 opinions

  1. De Peyster v. . MurphyNew York Court of Appeals · 1876
  2. Doonan v. KillileaNew York Supreme Court · 1914