Legal Opinion

Al's Real Estate, Inc. v. Gibson

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

Decided June 26, 2007PublishedCited by 2 opinions

1Opinion of the Court

*747In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated September 8, 2006, which granted the motion of the defendants Maurice Gibson and International Dynamics, Inc., for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the plaintiffs failure to include one of the two parcels of land identified in the underlying mortgage when it commenced a prior foreclosure action in 1991 resulted in “abandonment of the…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Bodner v. BricknerAppellate Division of the Supreme Court of the State of New York · 1968
  3. Bankers Trust Co. v. G. H. Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  4. Regions Bank v. CampbellAppellate Division of the Supreme Court of the State of New York · 2002
  5. State Savings, F.A. v. Parc Vendome AssociatesAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Wydra v. ChaiAppellate Division of the Supreme Court of the State of New York · 2008
  2. NYCTL 1982-2 Trust v. Alzheimer's Found. of Staten Is., Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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