Legal Opinion
First National City Trust Co. v. Caserta
New York Supreme Court
Decided February 27, 1961PublishedCited by 4 opinions
1Opinion of the CourtThomas P. Farley, J.
Defendant moves for summary judgment and for judgment on the pleadings in this action to foreclose a mortgage on real property. Defendant has pleaded the six-year Statute of Limitations (Civ. Prac. Act, § 47-a) as a defense and interposed a counterclaim for cancellation of the mortgage pursuant to article 15 of the Real Property Law.
There are no material issues of fact and the sole question to be determined is whether the plaintiff’s claim, or a portion thereof, is barred by the Statute of Limitations.
The mortgage extension and modification agreement in question was executed by the defendant…
2Cases cited5 opinions
- Kirschner v. CohnAppellate Division of the Supreme Court of the State of New York · 1945
- Chapin v. PosnerNew York Court of Appeals · 1949
- Quackenbush v. MapesAppellate Division of the Supreme Court of the State of New York · 1908
- Ernst v. SchaackNew York Court of Appeals · 1947
- Boulukos v. ChresafesNew York Supreme Court · 1959
3Cited by4 opinions
- Corrado v. PetroneAppellate Division of the Supreme Court of the State of New York · 1988
- New York State Mortgage Loan Enforcement & Administration Corp. v. North Town Phase II Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Utica Mutual Insurance v. KnoxAppellate Division of the Supreme Court of the State of New York · 1979
- Oneida National Bank & Trust Co. v. KranzNew York Supreme Court · 1972