Legal Opinion
Merrill Lynch Equity Management, Inc. v. Kleinman
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1998PublishedCited by 9 opinions
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Kramer, J.), entered March 6, 1997 in Schenectady County, *885which denied a motion by defendant PHH US Mortgage Corporation to, inter alia, cancel and discharge a certain mortgage held by plaintiff.
This action involves a dispute between two mortgagees. On February 1, 1989, plaintiff accepted a $38,000 mortgage from defendants Harry C. Kleinman and Stephanie S. Kleinman to secure a revolving credit line in an amount not to exceed $38,000. Unlike a traditional mortgage which typically begins with a single advance of funds and is amortized over the life of…
2Cases cited4 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Barclay's Bank of New York v. Market Street Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Garden State Yarn Corp. v. Rosenthal & Rosenthal, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Anderson v. Wood, Dolson Company, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
3Cited by9 opinions
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- Reitman v. Wachovia National Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2008
- HSBC Mortgage Corp. (USA) v. CarrAppellate Division of the Supreme Court of the State of New York · 2012
- HSBC Mortgage Corp. (USA) v. CarrAppellate Division of the Supreme Court of the State of New York · 2012
- HSBC Mortgage Corp. v. PascoeAppellate Division of the Supreme Court of the State of New York · 2012
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