Bankers Trustee Co. v. First Mexican Acceptance Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Orders, Supreme Court, New York County (Ira Gammerman, J.), entered September 28, 1999 and on or about September 29, 1999, which, in these actions to identify and realize upon collateral pledged pursuant to the subject indentures, granted the motions of defendants and intervenor to dismiss the complaints pursuant to CPLR 3211 (a) (3) on the ground that plaintiff lacked capacity to bring the lawsuits, unanimously affirmed, with costs.
The motion court properly determined that plaintiff’s acknowledgment of Nairn’s status as subrogee of the Class A Note holders in the prior article 77 proceeding…
2Cases cited3 opinions
- Ford Motor Credit Co. v. Colonial Funding Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of BrewerNew York Court of Appeals · 1998
- Koslowski v. KoslowskiAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Festinger v. EdrichAppellate Division of the Supreme Court of the State of New York · 2006
- Morgenthow & Latham v. Bank of New York Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Appalachian Insurance v. Di SicurataAppellate Division of the Supreme Court of the State of New York · 2009