Legal Opinion
Bank of Manhattan Trust Co. v. 571 Park Avenue Corp.
New York Court of Appeals
Decided November 21, 1933PublishedCited by 21 opinions
1Opinion of the CourtCrouch, J.
571 Park Avenue Corporation, then the owner of the leaseholds and apartment hotel in suit, executed and recorded a mortgage upon the premises on April 22, 1926, containing the usual assignment of rents and profits as further security in the event of default. Other covenants in the mortgage provided that no interest or charge prior or equal to the lien or title of this mortgage should be created, and that its lien should not be diminished or impaired in any way by the mortgagor. On December 27, 1928, a successor of the mortgagor, then in possession of and operating the hotel, entered into an…
2Cases cited2 opinions
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Markantonis v. Madlan Realty Corp.New York Court of Appeals · 1933
3Cited by21 opinions
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
- Dime Savings Bank of New York, FSB v. Montague Street Realty AssociatesNew York Court of Appeals · 1997
- Bank of Tokyo Trust Co. v. Urban Food Malls Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- New York City Community Preservation Corp. v. Michelin AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
- Haussmann v. Colonial Trust Co.District Court, S.D. New York · 1938
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