Legal Opinion
First American Bank v. Sloane
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1997PublishedCited by 4 opinions
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Hughes, J.), entered September 18, 1995 in Albany County, which, inter alia, granted defendant Union National Bank’s motion to confirm a Referee’s report in a surplus money proceeding.
The issue in this mortgage foreclosure surplus money proceeding is whether funds previously advanced by defendant Leon Zeibert to the owners of the foreclosed premises were in the nature of loans or gifts.
At the hearing before the court-appointed Referee, Zeibert, who is the uncle of the co-owner of the subject premises, testified that he had given his nephew $40,000 in…
2Cases cited2 opinions
- Kaplan v. EinyAppellate Division of the Supreme Court of the State of New York · 1994
- Kawai America Corp. v. HiltonAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Barberan v. NationpointDistrict Court, S.D. New York · 2010
- Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc.District Court of Appeal of Florida · 2003
- Di Mascio v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Surgical Design Corp. v. CorreaAppellate Division of the Supreme Court of the State of New York · 2005