Legal Opinion

Reilly v. Empire State Improvement Corp.

New York Court of Appeals

Decided July 11, 1929PublishedCited by 5 opinions

1Per curiam

This is a surplus-money proceeding in which there is a balance of $11,464.87 to be disposed of among various claimants, resulting from the foreclosure of a second mortgage.

The referee to whom the matter was referred for hearing and determination disallowed the claim of Aaron W. Berson as a third mortgagee, and also his claim as assignee or purchaser of certain judgments recovered against the owner of the property, the Empire State' Improvement Corporation; refused to recognize a judgment recovered by Morris Weiss for services; and also a claim of Esther Wolfensohn as assignee or purchaser of…

2Cases cited2 opinions

  1. American Mortgage Co. v. ButlerNew York Supreme Court · 1901
  2. Syracuse Savings Bank v. StokesNew York Supreme Court · 1911

3Cited by5 opinions

  1. Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
  2. In re the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 1931
  3. Mortgage Electronic Registration Systems, Inc. v. ElliotAppellate Division of the Supreme Court of the State of New York · 2010
  4. Realty Associates Securities Corp. v. Jaybar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1939
  5. Bayview Loan Servicing, LLC v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2020

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