Legal Opinion

Suderov v. Ogle

Appellate Terms of the Supreme Court of New York

Decided May 7, 1991PublishedCited by 9 opinions

1Opinion of the Court

*907OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs, motion granted and petition dismissed.

The issue on this appeal is whether an assignee of leases and rents, where the assignment was given as security for a debt, may maintain a summary proceeding. We hold that she may not.

Appellant James Ogle is the owner of a building which has within it a real estate office and two apartments. As security for a loan of $170,000, Ogle gave petitioner a mortgage on the property. As further security for the loan, Ogle gave petitioner an "Assignment of Leases and Rents.” By the terms of…

2Cases cited14 opinions

  1. Mooney v. . ByrneNew York Court of Appeals · 1900
  2. Carr v. . CarrNew York Court of Appeals · 1873
  3. Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
  4. Poughkeepsie Savings Bank v. R & G Sloane Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1981
  5. 1550 Broadway Associates v. El-Pine Drinks, Inc.Civil Court of the City of New York · 1978

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3Cited by9 opinions

  1. In re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2012
  2. City Enterprises, Ltd. v. PosemskyAppellate Terms of the Supreme Court of New York · 2000
  3. Metz v. DuenasNassau County District Court · 2000
  4. 102 West Hudson, LLC v. CorderoNassau County District Court · 2017
  5. Board of Mgrs. of J Condominium v. TornabeneAppellate Terms of the Supreme Court of New York · 2017

4 more not listed; retrieve them via the Exa API.

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