Legal Opinion

In re the City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1933PublishedCited by 3 opinions

1Opinion of the CourtO’Malley, J.

The appellants Kallis and Gerstle, hereinafter designated owner, were vested with the fee of property designated parcel No. 241 in street widening proceedings, wherein the city of New York acquired title. The appellant Guaranty Trust Company of New York, hereinafter designated mortgagee, held, as trustee, two consolidated bonds in the sum of $22,000, bearing five per cent interest, collateraled by mortgages which were a first lien upon the premises.

Two broad questions were presented. The first relates to the right of the owner and mortgagee to interest for periods between July 12, 1931, and…

2Cases cited10 opinions

  1. Hill v. WineAppellate Division of the Supreme Court of the State of New York · 1898
  2. Irving Trust Co. v. HughesAppellate Division of the Supreme Court of the State of New York · 1933
  3. Merriman v. . City of New YorkNew York Court of Appeals · 1919
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932
  5. Matter of City of New YorkNew York Court of Appeals · 1932

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3Cited by3 opinions

  1. Muldoon v. Mid-Bronx Holding Corp.New York Supreme Court · 1941
  2. In re GrafAppellate Division of the Supreme Court of the State of New York · 1934
  3. United States v. Certain Lands in Borough of BrooklynDistrict Court, E.D. New York · 1941

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