Legal Opinion
Imar Mortgage Corp. v. Ticoli Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1931PublishedCited by 5 opinions
1Opinion of the CourtO'Malley, J.
The complaint in usual form seeks a foreclosure of first and second mortgages on unimproved property in the county of Bronx, New York city, in the principal sums of $20,000 and $10,000 respectively. The defendant, respondent, Stetson Realty Corporation was the holder of a third and purchase-money mortgage on such property in the sum of $37,500. This defendant has interposed a general denial, and, in addition, five affirmative defenses, the last two of which are also urged as counterclaims.
The first defense is to the effect that the mortgages mentioned in the complaint have been paid by other…
2Cases cited3 opinions
- Jenkins v. MoyseNew York Court of Appeals · 1930
- Belmont v. . ComanNew York Court of Appeals · 1860
- Monica Realty Corp. v. BleeckerAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by5 opinions
- Pagel, Horton & Co. v. Harmon Paper Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Dowling v. SpringerSupreme Court of Oklahoma · 1940
- Geraldine Ridings, Libelant-Appellee v. The Motor Vessel 'Effort,' Her Engines, Etc., M. v. Effort, Inc., Claimant-AppellantCourt of Appeals for the Second Circuit · 1968
- In re the Accounting of NochomovNew York Surrogate's Court · 1954
- Long Island Lighting Co. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1997