Riesgo v. Glengariffe Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James F. A. Clark and others, as survivors of the firm of Clark, Ward & Co., in liquidation, 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 13tlt day of January, 1906, upon the. decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 30th day of January, 1906, denying the said-…
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Appeal by the defendants, James F. A. Clark and others, as survivors of the firm of Clark, Ward & Co., in liquidation, 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 13tlt day of January, 1906, upon the. decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 30th day of January, 1906, denying the said- defendants’ motion to amend their answer.
1Opinion of the Court
Ingraham, J.:
This action was brought to foreclose a second mortgage upon certain premises owned by tbe Glengariffe Realty Company, the mortgagor. There were made parties defendant to this action James F. A. Clark and others, as survivors of the firm of Clark, Ward & Co., in liquidation, as persons having, or claiming to have, some interest or lien upon the mortgaged premises, which had accrued subsequent to the lien of the mortgage, and was subject and subordinate thereto. This complaint contained the usual allegations, including that required by section 1629 of the Code of Civil Procedure,…
2Cases cited1 opinion
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
3Cited by4 opinions
- Myers v. SteinAppellate Division of the Supreme Court of the State of New York · 1913
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913
- Douglass v. F. W. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Ryan v. Central Delivery Co.City of New York Municipal Court · 1916