Legal Opinion
Mosello v. Ali, Inc. (In Re Mosello)
United States Bankruptcy Court, S.D. New York
Decided June 14, 1995No. 18-36953PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
Relying on the so-called “strong arm” provisions of 11 U.S.C. § 544(a)(1), (2) and (3), the debtor-plaintiffs in this adversary proceeding seek a declaratory judgment that defendant ALI, Inc.’s (“ALI”) mortgage lien on the debtors’ real property was wholly released and extinguished by reason of a “Release of Part of Mortgaged Premises” filed April 29, 1993 which inadvertently described the entire property, rather than two building lots. ALI has moved to dismiss the complaint on the ground…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)Court of Appeals for the D.C. Circuit · 1987
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Frank Festa, Jr. v. Local 3 International Brotherhood of Electrical Workers, and Mulvihill Electrical Contracting Corp.Court of Appeals for the Second Circuit · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Bayou Group, LLCUnited States Bankruptcy Court, S.D. New York · 2007
- Bayou Superfund, LLC v. WAM Long/Short Fund II, L.P. (In re WAM Long/Short Fund, L.P.)United States Bankruptcy Court, S.D. New York · 2007
- Andrew Velez Construction, Inc. v. Consolidated Edison Co. of New York, Inc. (In Re Andrew Velez Construction, Inc.)United States Bankruptcy Court, S.D. New York · 2007
- Cerrato v. BAC Home Loans Servicing (In re Cerrato)United States Bankruptcy Court, E.D. New York · 2014
- Varde Investment Partners, L.P. v. Comair, Inc. (In Re Delta Air Lines, Inc.)United States Bankruptcy Court, S.D. New York · 2008
8 more not listed; retrieve them via the Exa API.