Legal Opinion
John Hancock Mutual Life Insurance v. 491-499 Seventh Avenue Associates
New York Supreme Court
Decided April 19, 1996PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
A seemingly routine motion for a judgment of foreclosure and sale has, through defendant Associates’ cross motion, *494become one that raises significant questions about environmental concerns in buildings subject to foreclosure. The reported cases do not answer the question of whether property should be sold in foreclosure prior to remediation of an oil spill (see, Robinson, Who Bears the Risk?, NYLJ, Aug. 16, 1995, at 5, col 2). In this case the court concludes that a foreclosure sale where there has been disclosure of the environmental problem may…
2Cases cited22 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Kelley v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1994
- Riggs v. . PursellNew York Court of Appeals · 1876
- White v. LongNew York Court of Appeals · 1995
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3Cited by6 opinions
- Capili v. IlaganAppellate Division of the Supreme Court of the State of New York · 2006
- Lipsky v. KoplenAppellate Division of the Supreme Court of the State of New York · 2001
- Martin v. CastanedaAppellate Division of the Supreme Court of the State of New York · 2010
- NYCTLl 1996-1 Trust v. EM-ESS Petroleum Corp.New York Supreme Court · 2008
- Fuks v. Rakia Assocs.Appellate Division of the Supreme Court of the State of New York · 2024
1 more not listed; retrieve them via the Exa API.