Legal Opinion
Marine Midland Bank, N.A. v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1984PublishedCited by 5 opinions
1Opinion of the Court
Order and judgment unanimously affirmed, without costs. Memorandum: In this action to foreclose a collateral security mortgage defendants appeal from an order dismissing the affirmative defenses and granting summary judgment to plaintiff. The first affirmative defense is that defendant Mitchell was forced to give the collateral mortgage through economic duress, i.e., that plaintiff, who had financed defendant’s auto dealership and held defendant’s personal guarantee and a security interest in the vehicles, threatened to close defendant’s business by enforcing the guarantee and security…
2Cases cited8 opinions
- Stewart M. Muller Construction Co. v. New York Telephone Co.New York Court of Appeals · 1976
- Grubel v. Union Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Stewart M. Muller Construction Co v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Marine Midland Bank v. StukeyAppellate Division of the Supreme Court of the State of New York · 1980
- Marine Midland Bank v. StukeyNew York Court of Appeals · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friends Lumber, Inc. v. Cornell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- United States v. Twenty Miljam-350 IED JammersCourt of Appeals for the Second Circuit · 2011
- Marine Midland Bank, N.A. v. Hallman's Budget Rent-A-Car of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Kranitz v. Strober Organization, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Estates NY Real Estate Servs. LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020