Legal Opinion
Roth v. Michelson
New York Court of Appeals
Decided March 23, 1982PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
The ultimate issue on this appeal, raising questions touching on sections 17-101, 17-105 and 17-107 of the General Obligations Law, is whether purchasers of an interest in realty, having acquired it for value and with knowledge that the second mortgage indebtedness it secured was in default, but without actual notice that the original owner had made a payment on account of the defaulted indebtedness after the Statute of Limitations had run, may yet avail themselves of the time lapse to bar foreclosure of their acquired interest. We hold they may.
The factual…
2Cases cited4 opinions
- Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
- People v. GrahamNew York Court of Appeals · 1982
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Bergenfeld v. Midas Collections, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
3Cited by38 opinions
- Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
- Encore College Bookstores, Inc. v. Auxiliary Service Corp.New York Court of Appeals · 1995
- Education Resources Institute, Inc. v. PiazzaAppellate Division of the Supreme Court of the State of New York · 2005
- Saini v. Cinelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Rochester Community Savings Bank v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1998
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