Legal Opinion
Massachusetts Mutual Life Insurance v. Avon Associates, Inc.
New York Supreme Court
Decided September 12, 1975PublishedCited by 2 opinions
1Opinion of the CourtAbraham J. Gellinoff, J.
This is a motion by defendants mortgagors to vacate an order of this court, which, upon ex parte application by plaintiff mortgagee, appointed a receiver for the subject property during the pendency of this action to foreclose the mortgage.
The challenged order, entered August 29, 1975, was made after consideration by the court of the allegations of the complaint and of an affidavit by counsel for plaintiff. The complaint alleges the existence of the mortgage and note, of which plaintiff is owner and holder. It further alleges:
"That the defendants have failed to comply with the conditions of…
2Cases cited9 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
- Plaza Hotel Associates v. Wellington Associates, Inc.New York Court of Appeals · 1975
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3Cited by2 opinions
- HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
- Friedman v. Gerax Realty AssociatesNew York Supreme Court · 1979