Legal Opinion
Statewide Savings & Loan Ass'n v. Canoe Hill, Inc.
New York Court of Appeals
Decided May 11, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
In this case, where the parties are the original mortgagor and mortgagee, any intention to include the personalty within the embrace of the mortgage by its omnibus reference to "all the fixtures and articles of personal property, now or hereafter attached to or used in connection with the premises” is negated by the simultaneous execution of the separate security agreement covering "Furniture * * * and all equipment * * * owned by the debtor for use in connection with the maintenance and upkeep of the golf club and golf course” (cf. General Synod of Reformed…
2Cases cited2 opinions
- East River Savings Bank v. 671 Prospect Avenue Holding Corp.New York Court of Appeals · 1939
- General Synod of Reformed Church in America v. Bonac Realty Corp.New York Court of Appeals · 1947
3Cited by4 opinions
- Sanders v. PalmerNew York Court of Appeals · 1986
- Coppotelli v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 1980
- Mariani v. J.K.I.F. Management, Inc.New York Supreme Court · 1993
- Oklahoma P.A.C. First Ltd. Partnership v. Metropolitan Mortgage & Securities Co. (In Re Oklahoma P.A.C. First Ltd. Partnership)United States Bankruptcy Court, D. Arizona · 1993