Legal Opinion
Stickler v. Ryan
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1946PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order and judgment dismissing the complaint. We agree that the complaint fails to state a cause of action under article 15 of the Beal Property Law, such being one of the grounds of the complaint’s dismissal at Special Term. Plaintiff’s ownership of an undivided one half of the purchase-money mortgage does not constitute her one who may be said to have or claim an estate or interest in real property within the meaning of section 500 of that statute. A real estate mortgage is wholly personal property. It is not a chattel real, nor does it create any estate or interest in real…
2Cases cited5 opinions
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- Becker v. . McCreaNew York Court of Appeals · 1908
3Cited by7 opinions
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
- Stillwater Liquidating LLC v. Net Five at Palm Pointe, LLC (In re Stillwater Asset Backed Offshore Fund Ltd.)United States Bankruptcy Court, S.D. New York · 2016
- Herter v. Helmsley-Spear, Inc.District Court, S.D. New York · 1957
- Johnson v. Augsbury Organization, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Gitlin v. SchneiderNew York Supreme Court · 1964
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