Legal Opinion
Kline v. 275 Madison Avenue Corp.
New York Supreme Court
Decided November 16, 1933No. Frankenthaler, J. By a previous decision of the court a motion to vacate an order appointing receivers in foreclosure was granted upon the application of the defendant, 275 Madison Avenue Corporation (149 Misc. 747). Plaintiff now moves for reargument, relying upon this court’s holding in Matter of Central Hanover Bank & Trust Co. (149 Misc. 488)PublishedCited by 9 opinions
1Opinion of the CourtFrankenthaler, J.
To the extent that this motion seeks to dismiss the amended complaint as insufficient the affidavits filed by the moving party must be disregarded. The plaintiff is the owner of an undivided interest in the bond and mortgage held by Title Guarantee and Trust Company “ as depositary and agent ” and may, therefore, sue in equity as a partial assignee of the bond and mortgage, joining the owners of the balance of the mortgage as parties defendant. The proper remedy for failure to join necessary parties is, however, not a motion to dismiss the complaint but rather an application to correct the…
2Cases cited6 opinions
- McKnight v. Bank of New York & Trust Co.New York Court of Appeals · 1930
- Cresco Realty Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Shaw v. WellmanNew York Supreme Court · 1891
- In re the People of New YorkNew York Supreme Court · 1933
- Corporate Investing Co. v. Gracehull Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- Tolfree v. New York Title & Mortgage Co.Court of Appeals for the Second Circuit · 1934
- In re NemerovNew York Supreme Court · 1933
- Jacoby v. Bond & Mortgage Guarantee Co.Court of Appeals for the Second Circuit · 1934
- Krinsky v. Title Guarantee & Trust Co.Appellate Terms of the Supreme Court of New York · 1937
4 more not listed; retrieve them via the Exa API.