Fiore v. Oakwood Plaza Shopping Center, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue presented is whether summary judgment in lieu of complaint is appropriate based upon a cognovit judgment secured in Pennsylvania.
By summons and notice of motion for summary judgment in lieu of complaint, plaintiffs, in January 1989, commenced this action for payment of money only alleged to be due and owing under a bond and warrant. Representing a second mortgage, the bond and warrant was entered into in conjunction with an agreement of sale and purchase-money mortgage related to the purchase by defendants from plaintiffs of 14.8 acres of land in Patton…
2Cases cited6 opinions
- D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
- SWARB Et Al. v. LENNOX Et Al.Supreme Court of the United States · 1972
- Atlas Credit Corp. v. EzrineNew York Court of Appeals · 1969
- Russell v. Arthur Trask Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Mallan v. SamowichAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fiore v. Oakwood Plaza Shopping Center, Inc.New York Court of Appeals · 1991
- Kennelly v. Mobius Realty Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Mikelatos v. TheofilaktidisAppellate Division of the Supreme Court of the State of New York · 2013
- Ennis-Short v. OstapeckAppellate Division of the Supreme Court of the State of New York · 2009
- Basile v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1993
9 more not listed; retrieve them via the Exa API.