West Side Federal Savings & Loan Ass'n v. Hirschfeld
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lynch, J.
These are cross appeals from a judgment after a nonjury trial in this action to rescind a mortgage on the ground of fraud and conspiracy. The plaintiff appeals so much of the judgment that implicitly denied its motion to conform its pleadings to its proof to assert a claim of mutual mistake and that dismissed the action against the defendant Hirschfeld. The defendant State Street Garage Corp. (State Street) appeals from so much of the judgment that failed to dismiss the action against it, that adjudged that the plaintiff’s loan to it of $1,500,000 secured by a…
2Cases cited9 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Jenkins v. MoyseNew York Court of Appeals · 1930
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Gray v. . Richmond Bicycle Co.New York Court of Appeals · 1901
- Hickey v. . MorrellNew York Court of Appeals · 1886
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3Cited by20 opinions
- Banque Arabe et Internationale D'Investissement v. Maryland National BankCourt of Appeals for the Second Circuit · 1995
- City of New York v. Lead Industries Ass'nAppellate Division of the Supreme Court of the State of New York · 1993
- Nomura Securities International, Inc. v. ETrade Securities, Inc.District Court, S.D. New York · 2003
- King County v. IKB Deutsche Industriebank AGDistrict Court, S.D. New York · 2012
- Minebea Co., Ltd. v. PapstDistrict Court, District of Columbia · 1998
15 more not listed; retrieve them via the Exa API.