Legal Opinion

Kilpatrick v. Argyle Co.

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

Decided January 20, 1922PublishedCited by 9 opinions

Appeal by Stockbridge Apartments, Inc., the purchaser at a foreclosure sale in the above-entitled action, from an order of the Supreme Court, made at the New York Special Term andr entered in the office of the clerk of the county of New York on the 6th day of July, 1921, denying its application for an order in the nature of a writ of assistance directing the sheriff to put the purchaser in possession of the mortgaged premises and to punish the occupants thereof for their…

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Appeal by Stockbridge Apartments, Inc., the purchaser at a foreclosure sale in the above-entitled action, from an order of the Supreme Court, made at the New York Special Term andr entered in the office of the clerk of the county of New York on the 6th day of July, 1921, denying its application for an order in the nature of a writ of assistance directing the sheriff to put the purchaser in possession of the mortgaged premises and to punish the occupants thereof for their refusal to yield up such possession, and also an appeal from an order entered in said clerk’s office ón the 19th day of…

1Opinion of the Court

Greenbaum, J.:

The facts upon which the determination of these appeals depend being substantially the same, the two appeals will be considered together.

The premises which were the subject of the foreclosure consist of a six-story, elevator apartment' house, known as the “ Stockbridge,” situated at 603-605 West One Hundred and Thirty-eighth street, borough of Manhattan, city of New York. The Stockbridge Apartments, Inc., is a corporation organized under the Business Corporations Law to acquire and hold said premises. It is alleged by the moving party that the purpose of *755the corporation was and…

2Cases cited9 opinions

  1. Matter of Application of JacobsNew York Court of Appeals · 1885
  2. Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
  3. People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
  4. Ketchum v. . EdwardsNew York Court of Appeals · 1897
  5. The People v. . SturtevantNew York Court of Appeals · 1853

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3Cited by9 opinions

  1. Da Costa v. Hamilton Republican ClubNew York Supreme Court · 1946
  2. Lincoln Savings Bank v. WarrenAppellate Division of the Supreme Court of the State of New York · 1989
  3. Trustco Bank v. 11 North Pearl AssociatesNew York Supreme Court · 1992
  4. Home Owners' Loan Corp. v. DannenhofferNew York Supreme Court · 1945
  5. IFS Properties LLC v. WillinsNew York District Court · 2013

4 more not listed; retrieve them via the Exa API.

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