Leavitt v. Waldemar Co.
New York Supreme Court
Action to foreclose a paper in the form of an assignment of a lease, which is alleged to be in reality an equitable mortgage.
1Opinion of the CourtGtut, J.
Action to foreclose a paper in form an assignment of a lease, which is alleged, however, to be in reality an equitable mortgage thereof.
On December 8, 1910, the Gfirard Trust Company of Philadelphia, as trustee, leased the then Albany apartments to one Murray for twenty-one years from October 1, 1911, at an aggregate rental of $1,260',000 on a sliding scale ranging from $25,000 for the first year of the term, to $75,000 for each of the last six years of the term. The lessee agreed to expend $100,000- in alterations and improvements, in the enlargement and betterment of stores, and the…
2Cases cited10 opinions
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Robinson v. . RyanNew York Court of Appeals · 1862
- Sidenberg v. . ElyNew York Court of Appeals · 1882
- Jones v. . MenkeNew York Court of Appeals · 1901
- Becker v. . McCreaNew York Court of Appeals · 1908
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3Cited by2 opinions
- First Federal Savings & Loan Ass'n v. LevyNew York County Court, Sullivan County · 1961
- Suburbia Federal Savings & Loan Ass'n v. R. V. Centre Corp.New York Supreme Court · 1964