Castelli v. Burns
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Alexander S. Burns and Bernardo Semenza, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, directing the specific performance of a contract.
1Opinion of the Court
Scott, J.:
To thoroughly comprehend .the merits of this appeal it is necessary to recite the essential facts which, although somewhat complicated, are not in dispute.
In the year 1909 the real property known as No. 128 West Houston street in the city of New York was owned by Christina and Carmine' Minetti. At that time Domenico Castelli, the plaintiff, held a mortgage upon the property for $4,000, which was subordinate to four prior mortgages as fol*202lows: One held by the Standard Trust Company for $57,000; one held by Arnstbin & Levy for $11,000; one held by Anna Neill for $4,000, and one held…
2Cited by8 opinions
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
- Humble Oil & Refining Co. v. Jaybert Esso Service Station, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- Castellano v. StateNew York Court of Appeals · 1978
- Capital Linoleum Co. v. SavageDistrict of Columbia Court of Appeals · 1952
- Mushcart v. ScherCity of New York Municipal Court · 1930
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