Legal Opinion

In re Miller

New York Supreme Court

Decided March 1, 1940PublishedCited by 5 opinions

1Opinion of the CourtBernstein, J.

This is an application by the holder of a $400,000 first mortgage, which matured on March 20, 1933, to obtain the surplus income of the premises securing the mortgage for the six months’ period from January 1, 1939, to June 30, 1939, pursuant to section 1077-c of the Civil Practice Act.

The property consists of a so-called co-operative apartment building containing fifty-seven apartments and 238 rooms. It is owned by the respondent, 325 East 72nd Street, Inc., a corporation which sold its stock to various individuals and gave them ninety-nine-*348year proprietary leases to the several apartments…

2Cases cited8 opinions

  1. Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
  2. Markantonis v. Madlan Realty Corp.New York Court of Appeals · 1933
  3. Tompkins v. HaleNew York Supreme Court · 1939
  4. Manufacturers Trust Co. v. SteinhardtNew York Court of Appeals · 1934
  5. Bank of Manhattan Trust Co. v. Twenty-one Sixty-six Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 1933

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
  2. Stockton v. LucasTemporary Emergency Court of Appeals · 1973
  3. In Re 325 East 72nd Street, Inc.District Court, S.D. New York · 1944
  4. North Shore Mart v. Grand Union Co.Nassau County District Court · 1968
  5. Commonwealth v. 2101 Cooperative, Inc., Pennsylvania Court of Common Pleas, Dauphin County1961

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