Robert v. Kidansky
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis B. Robert, from'a judgment of the Supreme Court in favor of the defendant David Kidansky, entered in the office of the clerk of the county of New York on the 24th day of March, 1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 15th day of April, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J. :
On the trial of this action the defendant moved to dismiss the complaint on the ground" that it did not state facts sufficient to constitute a cause of action, and the motion was granted. The plaintiff sought to recover a sum of . money, being the . amount of a defi*476ciency upon the sale of certain mortgaged premises. . It is alleged in the complaint that on the 21st of April, 1894, Phillip Does' made and delivered to the defendants Kidansky and Sugarman an indenture of mortgage to secure the payment of $6,000 with interest, such mortgage being collateral to a bond therein…
2Cases cited6 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Reichert v. . StilwellNew York Court of Appeals · 1902
- Scofield v. . DoscherNew York Court of Appeals · 1878
- Leonard v. MorrisNew York Court of Chancery · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Git Industries, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1981
- Federal Deposit Insurance v. 1873 Western Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Morrison v. SlaterAppellate Division of the Supreme Court of the State of New York · 1908
- Stein v. BlatteNew York Supreme Court · 1983
- Merchants National Bank & Trust Co. v. WagnerNew York Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.