Legal Opinion

Arbor Commercial Mortgage, LLC v. Associates at Palm, LLC

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 2012PublishedCited by 9 opinions

1Opinion of the Court

*1148In an action to foreclose a mortgage, the defendant Bank of Smithtown appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), entered April 21, 2010, as, upon a decision of the same court dated March 10, 2010, granted that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against it, and denied its cross motion for leave to serve an amended answer asserting a counterclaim seeking lien priority pursuant to the doctrine of equitable subrogation or, alternatively, to direct the marshaling…

2Cases cited13 opinions

  1. Bank of New York v. NallyIndiana Supreme Court · 2005
  2. King v. PelkofskiNew York Court of Appeals · 1967
  3. Bank of America, NA v. Prestance Corp.Washington Supreme Court · 2007
  4. Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corp.Court of Appeals of Arizona · 2004
  5. Eastern Savings Bank, FSB v. PappasDistrict of Columbia Court of Appeals · 2003

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3Cited by9 opinions

  1. JPMorgan Chase Bank, N.A. v. RosemanAppellate Division of the Supreme Court of the State of New York · 2016
  2. Sudit v. LabinAppellate Division of the Supreme Court of the State of New York · 2017
  3. Williams v. MentoreAppellate Division of the Supreme Court of the State of New York · 2014
  4. Sudit v. LabinAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Kissous v. FutermanAppellate Division of the Supreme Court of the State of New York · 2023

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