Legal Opinion
Bodwitch v. Allen
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1983PublishedCited by 6 opinions
1Opinion of the Court
— Order unanimously modified to grant defendants’ cross motion for summary judgment dismissing complaint and, as modified, affirmed, without costs. Memorandum: Plaintiff Bodwitch, the mortgagee, commenced this action to recover the balance due on a 20-year bond and mortgage, alleging that defendant mortgagors breached a covenant which provided “[t]hat no building on the premises shall be removed or demolished without the consent of the mortgagee.” Defendants’ verified answer stated as affirmative defenses that defendants were not in default in their mortgage payments, that demolition of the…
2Cases cited4 opinions
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Brayton v. PappasAppellate Division of the Supreme Court of the State of New York · 1976
- APF Industries, Inc. v. Mosler Safe Co.Appellate Division of the Supreme Court of the State of New York · 1981
3Cited by6 opinions
- Property Owners Insurance Co. v. HackIndiana Court of Appeals · 1990
- Doldan v. FennerAppellate Division of the Supreme Court of the State of New York · 2003
- Kosiorek v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Pezzi v. O'Brien & Gere, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Archer v. SkokanAppellate Division of the Supreme Court of the State of New York · 2010
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