Legal Opinion
City of Utica v. Gold Medal Packing Corp.
New York Supreme Court
Decided September 23, 1967PublishedCited by 8 opinions
1Opinion of the CourtRichard D. Simons, J.
This is a special proceeding under CPLR article 26 and section 22 of the Condemnation Law to adjust the claim of the petitioner, a first mortgagee, to condemnation proceeds presently held by the court1. The pending foreclosure action has been consolidated with this proceeding.
Contemporaneously with the application, the petitioner has moved to dismiss the answers and for summary judgment for the relief demanded in the petition. The respondent trustee in bankruptcy of the G-old Medal Packing Corporation has asserted several affirmative defenses and counterclaims by way of setoffs to the…
2Cases cited13 opinions
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- Utter v. . RichmondNew York Court of Appeals · 1889
- Harrison v. HallNew York Court of Appeals · 1924
- Bowery Savings Bank v. 566 Amsterdam Avenue Corp.New York Supreme Court · 1961
- Schmitt v. BlackwelderCourt of Appeals for the Second Circuit · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re RobertsUnited States Bankruptcy Court, E.D. New York · 1982
- In Re MillsUnited States Bankruptcy Court, S.D. New York · 1987
- Oppenheim v. SpikeNew York Supreme Court · 1980
- Avco Financial Services Trust v. BentleyNew York Supreme Court · 1982
- City of Buffalo v. J. W. Clement Co.Appellate Division of the Supreme Court of the State of New York · 1970
3 more not listed; retrieve them via the Exa API.