Legal Opinion
Skylake State Bank v. Solar Heat & Insulation of Central Utah, Inc.
New York Supreme Court
Decided August 3, 1990PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
Plaintiff, an out-of-State, or "foreign” bank (Banking Law § 200), loaned defendants money secured by a mortgage on New York property. Plaintiff seeks to foreclose on that mortgage.
*33Plaintiff moves to strike defendant’s answer and for summary judgment. Defendant opposes this motion on several grounds including, inter alia, that plaintiff has failed to file to do business in New York. Defendants also cross-move for a stay of all proceedings until plaintiff is authorized to do business in New York.
The seminal issue presented by this motion is whether a…
2Cases cited5 opinions
- Colonial Mortgage Co. v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
- Dunbarton Flax Spinning Co. v. Greenwich & Johnsville RailwayAppellate Division of the Supreme Court of the State of New York · 1903
- Commonwealth Bank & Trust Co. v. Tioga Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- In re EriksonAppellate Division of the Supreme Court of the State of New York · 1934
- Netherlands Shipmortgage Corp., Ltd. v. MadiasDistrict Court, S.D. New York · 1983
3Cited by3 opinions
- First Wisconsin Trust Co. v. HakimianAppellate Division of the Supreme Court of the State of New York · 1997
- Banque Arabe Et Internationale D'Investissement v. One Times Square Associates Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 1993
- Integra Bank North v. GordonNew York Supreme Court · 1995