Legal Opinion

In re Bowery Savings Bank

New York Supreme Court

Decided March 11, 1943Published

1Opinion of the CourtSchmuck, J.

Motion denied. While another reason exists the court is satisfied to rest its denial of this application on the ground of laches which under the circumstances may not be condoned. Section 1077-c of the Civil Practice Act was enacted as an emergency measure to tide over an extraordinary situation, that compelled a temporary repudiation of contractual rights and responsibilities. It purposed to lift some of the hardship visited 1 upon a mortgagee whose right to foreclose had suffered a mora-' torium. From its very nature it was expected to be availed of with reasonable expedition. The fact that…

2Cases cited2 opinions

  1. Mortgage Corp. v. Menan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  2. Title Guarantee & Trust Co. v. Foxvale Realty Corp.New York Court of Appeals · 1941

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