Legal Opinion
Marcus Dairy, Inc. v. Jacene Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 2002PublishedCited by 8 opinions
1Opinion of the Court
In an action, inter alia, to foreclose a mortgage, the defendant Columbia Equities, Ltd., appeals from (1) a decision of the Supreme Court, Westchester County (Scarpino, J.), entered December 11, 2000, and (2) a judgment of the same court, entered January 8, 2001, which, after a non-jury trial and upon the decision, inter alia, declared that the plaintiff’s mortgage has priority over its mortgage.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
Ordered that the judgment is affirmed;…
2Cases cited4 opinions
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Da Silva v. MussoNew York Court of Appeals · 1990
- Aubrey Equities, Inc. v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1998
- Marcus Dairy, Inc. v. Jacene Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by8 opinions
- Marcus Dairy, Inc. v. Jacene Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- AS Helios LLC v. ChauhanAppellate Division of the Supreme Court of the State of New York · 2022
- Bank of New York Mellon Ex Rel. CIT Mortgage Loan Trust 2007-1 v. MaroldaAppellate Division of the Supreme Court of the State of New York · 2016
- Chester Green Estates, LLC v. Arlington Chester, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- 89 Pine Hollow Road Realty Corp. v. American Tax FundAppellate Division of the Supreme Court of the State of New York · 2012
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