Legal Opinion
Constellation Bank, N. A. v. Binghamton Plaza, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1997PublishedCited by 4 opinions
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Mon-serrate, J.), entered December 7, 1995 in Broome County, which, inter alia, denied a motion by defendant Binghamton Plaza, Inc. for leave to amend its answer.
On this appeal in this mortgage foreclosure action, we are again concerned with the receiver’s payments totaling $255,000 to plaintiff, the mortgagee. On a previous appeal involving the receiver’s final accounting we held that, although the payments were unauthorized, Supreme Court did not abuse its discretion in allowing them since they inured to the benefit of defendant Binghamton Plaza,…
2Cases cited6 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Spiotta v. William H. Wilson, Inc.New Jersey Superior Court Appellate Division · 1962
- Stuchin v. KasirerNew Jersey Superior Court Appellate Division · 1990
- Solondz v. BarashAppellate Division of the Supreme Court of the State of New York · 1996
- Agostino v. Monticello Greenhouses, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- Seaman Corp. v. Binghamton Savings BankAppellate Division of the Supreme Court of the State of New York · 1997
- National Management Corp. v. AdolfiAppellate Division of the Supreme Court of the State of New York · 2000
- Hassan v. SchweizerAppellate Division of the Supreme Court of the State of New York · 2000
- Town of Plattekill v. Ace Motocross, Inc.Appellate Division of the Supreme Court of the State of New York · 2011