Emigrant Industrial Savings Bank v. Fairdeal Holding Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order denying motions to vacate ex parte order appointing a receiver reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that plaintiff failed to comply with the provisions of subdivision 2 of section 150 of the General Corporation Law. It does not appear from the complaint or the motion papers that the plaintiff ever demanded payment of any installment of principal or interest or taxes, or that thirty days had elapsed since any of these items became due, or that the income of the property was specifically mortgaged, or that…
2Cases cited1 opinion
- New York Title & Mortgage Co. v. Polk Arms, Inc.Appellate Division of the Supreme Court of the State of New York · 1932