Legal Opinion

Endurance Holding Corp. v. Kramer Surgical Stores, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1930PublishedCited by 15 opinions

1Opinion of the CourtMartin, J.

The plaintiff brought this action to foreclose a mortgage of $15,000 covering the leasehold of a store, basement space and apartments directly above the store in the premises known as No. 4001 Broadway in the city of New York.

The mortgage contained a provision that at the option of the mortgagee, the whole of the principal sum should become due upon a default in the payment of any installment of principal or of interest for five days. A complaint and lis pendens were filed on May 9, 1929, and the summons and complaint were served on the defendants on May 13, 1929. The defendants then moved…

2Cases cited3 opinions

  1. Barber v. RoweAppellate Division of the Supreme Court of the State of New York · 1922
  2. Aldrich v. Newburgh News Printing & Publishing Co.New York Supreme Court · 1910
  3. Rieser v. L. Prager, Inc.Appellate Terms of the Supreme Court of New York · 1916

3Cited by15 opinions

  1. Walker v. GerliAppellate Division of the Supreme Court of the State of New York · 1939
  2. Rosgro Realty Co. v. BraynenAppellate Terms of the Supreme Court of New York · 1972
  3. New Paltz Central School District v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  4. Playboy Club of New York, Inc. v. HostetterNew York Supreme Court · 1963
  5. Henry v. New York Post, Inc.New York Supreme Court · 1938

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