Legal Opinion

In re Schwartz

New York Supreme Court

Decided January 19, 1960PublishedCited by 2 opinions

1Opinion of the CourtGeorge Eilperin, J.

This is a proceeding to cancel a mortgage dated January 15, 1924, which, by its terms, became due on January 14, 1928. The mortgagee died on November 7, 1929. Letters of administration upon his estate were issued on December 3, 1929 and the administrator died on September 10, 1941. The mortgagor left him surviving four children, three of whom died before the commencement of this proceeding, although that fact does not appear in the moving papers, and for that reason an order to show cause in addition to service by publication, provided for the mailing’ thereof to the last-known addresses of…

2Cases cited3 opinions

  1. Martin v. . StoddardNew York Court of Appeals · 1891
  2. In re BryanAppellate Division of the Supreme Court of the State of New York · 1924
  3. In re MichelNew York Supreme Court · 1954

3Cited by2 opinions

  1. Guccione v. Estate of GuccioneAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Mortgages of GrassoAppellate Division of the Supreme Court of the State of New York · 1990

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