Beach 102nd Street Realty Corp. v. Ringel
New York Supreme Court
1Opinion of the CourtHallinan, J.
Motion by the plaintiff for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act.
This is an action in equity brought by the owner of real property against the owners of a mortgage thereon to remove the same as a cloud on plaintiff’s title. The complaint alleges that no payment of interest or principal has been made upon the mortgage in question for over ten years and that more than six years have elapsed since a cause of action in favor of the mortgagee has accrued; that more than six years have elapsed since the entire…
2Cases cited4 opinions
- House v. . CarrNew York Court of Appeals · 1906
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
- Cherrington v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by1 opinion
- Marine Midland Trust Co. v. Village of WaverlyNew York Supreme Court · 1963