Leibowitz v. Joseph B. Thomson Real Estate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Fishman, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of July, 1913.
1Opinion of the Court
Carr, J.:
The defendant Fishman appeals from an order directing judgment, on the pleadings, for foreclosure and sale of certain real property in Brooklyn, in so far as said order affects him. The plaintiffs hold a mortgage on said premises and alleged a default in its conditions. They further allege that Fish-man claimed an interest in the premises which is subordinate to the mortgage. Fishman answered by setting up that he claimed an interest in certain plumbing appliances or fixtures which he sold to the owner of the premises, the Thomson Company, under an agreement that the goods should…
2Cases cited6 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Davis v. . BlissNew York Court of Appeals · 1907
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Fitzgibbons Boiler Company v. . Manhasset Realty Corp.New York Court of Appeals · 1910
- Kerby v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
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