Anam Realty Co. v. Delancey Garage, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Max Grober, from that part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1919, denying said petitioner’s application for the acceptance of his answer or for leave to intervene as a defendant.
1Opinion of the Court
Philbin, J.:
It appears from the petition for leave to intervene that the action was brought to foreclose a mortgage made by the defendant Delancey Garage, Inc., to the plaintiff on or about May 8, 1919, upon certain leasehold premises in the county of New York. The mortgage was given to secure the payment of a bond for the sum of $30,000 to be advanced pursuant to the terms of a building loan agreement made between the parties. The said corporation was the only defendant although the summons contained the fictitious names “John Doe” and “ Richard Doe ” without any statement as to who was…
2Cases cited2 opinions
- Mulholland v. ReidAppellate Division of the Supreme Court of the State of New York · 1914
- St. John v. FowlerAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- Gelber v. Kugel's Tavern, Inc.Supreme Court of New Jersey · 1952
- Gangadean v. FLORI INVESTMENT COMPANYCourt of Appeals of Arizona · 1970
- Werger v. Haines Corp.Appellate Division of the Supreme Court of the State of New York · 1950