Legal Opinion

Wolf v. 120 Middleton Realty Corp.

New York Supreme Court

Decided October 13, 1961PublishedCited by 6 opinions

1Opinion of the CourtBenjamin Bbenneb, J.

This is an action to foreclose a mortgage in which the defendant owner moves to vacate the appointment of a receiver which was made, ex parte, immediately following service of a summons and complaint on the Attorney-General’s office without notice to and before process was served on said defendant owner. It is claimed that the court lacked jurisdiction in that the affidavit of service had not been filed prior to the appointment of the receiver; that service on the Attorney-General did not lay a foundation for such jurisdiction as there was no unity in interest between the defendants and that…

2Cases cited10 opinions

  1. Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
  2. Holmes v. GravenhorstNew York Court of Appeals · 1933
  3. Home Title Insurance v. Isaac Scherman Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Mentz v. Efficient Building Corp.New York Supreme Court · 1931
  5. Mentz v. Efficient Building Corp.Appellate Division of the Supreme Court of the State of New York · 1931

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3Cited by6 opinions

  1. Clinton Capital Corp. v. One Tiffany Place Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Genuth v. First Division Avenue Realty Corp.New York Supreme Court · 1976
  3. HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
  4. Bankers Federal Savings FSB v. Somerset Apartment Corp.New York Supreme Court · 1991
  5. Friedman v. Gerax Realty AssociatesNew York Supreme Court · 1979

1 more not listed; retrieve them via the Exa API.

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