Trustco Bank, National Ass'n v. Eakin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Canfield, J.), entered January 14, 1998 in Rensselaer County, which, inter alia, denied plaintiffs motion for leave to enter a deficiency judgment.
On this appeal from an order in which Supreme Court refused to enter a deficiency judgment in favor of plaintiff, we are asked to determine who is responsible for vandalism which occurs when the mortgagors, mortgagee and court-appointed receiver of rents all do nothing to secure a vacant mortgaged premises during the pendency of a foreclosure action. Supreme Court concluded that plaintiff, the mortgagee,…
2Cases cited9 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Walling v. . MillerNew York Court of Appeals · 1888
- McCue v. McCueAppellate Division of the Supreme Court of the State of New York · 1996
- Griffo v. Swartz, New York County Courts1969
- Aetna Life Insurance v. Avalon Orchards, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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3Cited by10 opinions
- In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
- In Re: Sandralee Rodgers, Debtor, Sandralee Rodgers v. County of Monroe, William M. Lissow, and George M. ReiberCourt of Appeals for the Second Circuit · 2003
- General Electric Capital Corp. v. Highgate Manor Group, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Lehman Commercial Paper, Inc. v. Point Property Co., LLCAppellate Division of the Supreme Court of the State of New York · 2017
- In Re MizunoUnited States Bankruptcy Court, E.D. New York · 2002
5 more not listed; retrieve them via the Exa API.