Legal Opinion
Dry Dock Savings Bank v. DeGeorgio
New York Supreme Court
Decided October 27, 1969PublishedCited by 7 opinions
1Opinion of the CourtFrank A. GHjlotta, J.
Plaintiff in this action to foreclose a mortgage moves to dismiss a defense as insufficient in law.
The defense asserts a lien superior to the mortgage by reason of a financial statement duly filed in the offices of the Nassau County Clerk and the Secretary of State covering aluminum siding which was thereafter installed on the house which is the subject of the foreclosure.
The mortgage was recorded on July 26, 1968 and the financial statement filed September 25, 1968. This was done with the consent of the owners but without the consent of the plaintiff mortgagee.
Section 9-313 of the Uniform…
2Cited by7 opinions
- Maplewood Bank v. Sears, Roebuck and Co.New Jersey Superior Court Appellate Division · 1993
- In Re ReeseUnited States Bankruptcy Court, D. Maryland · 1996
- Capitol Federal Savings & Loan Ass'n v. HogerCourt of Appeals of Kansas · 1994
- Nu-Way Distributing Corp. v. SchoikertAppellate Division of the Supreme Court of the State of New York · 1974
- Leban Store Fixture Co. v. PropertiesAppellate Division of the Supreme Court of the State of New York · 1986
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