Legal Opinion
Moke Realty Corp. v. Whitestone Savings & Loan Ass'n
New York Supreme Court
Decided June 18, 1975PublishedCited by 25 opinions
1Opinion of the Court
Bertram Harnett, J.,
In the "Words & Phrases” index of West publications, this case could be catalogued under "Mortgagee” or "Fire Insurance Proceeds, Right to Recover,” or simply "If at first you do not succeed * * *.”
In Whitestone Sav. & Loan Assn. v Allstate Ins. Co. (28 NY2d 332), Whitestone, named beneficiary of a mortgagee loss payable clause, sued an insurer to recover fire insurance proceeds on a partially destroyed house. After the fire, it foreclosed the mortgage it held on the home. Whitestone bought in the property at the foreclosure sale, bidding exactly the amount due on the…
2Cases cited5 opinions
- Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
- Bedcro Realty Corp. v. Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Tompkins County Trust Co. v. HerrickNew York Supreme Court · 1939
- Guaranteed Title & Mortgage Co. v. ScheffresAppellate Division of the Supreme Court of the State of New York · 1936
- Otselic Valley National Bank v. DapsonNew York Supreme Court · 1939
3Cited by25 opinions
- Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Fireman's Fund Mortgage Corp. v. Allstate Insurance Co.Alaska Supreme Court · 1992
- Citizens Savings & Loan Ass'n v. Proprietors InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
- Builders Affiliates, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Moke Realty Corp. v. Whitestone Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
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