Legal Opinion
Central Hanover Bank & Trust Co. v. 42 Broadway Realty Corp.
New York Supreme Court
Decided November 23, 1939PublishedCited by 4 opinions
1Opinion of the CourtPecora, J.
This is an application under section 1077-c of the Civil Practice Act, by the petitioner as trustee and holder of a consolidated first mortgage on the premises 42 Broadway, for an order fixing the surplus income on those premises for the six months’ period preceding July 1, 1939, at the sum of $64,434.99, and directing its payment or of such part thereof as the court may determine to the petitioner to be applied in reduction of the past due principal of said mortgage.
It is conceded that there are no arrears either of interest on the mortgage, or of taxes against the property.
The respondent,…
2Cases cited4 opinions
- Mutual Life Insurance v. NicholasAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Mortgage CommissionAppellate Division of the Supreme Court of the State of New York · 1938
- Pink v. Kayares Theatricals, Inc.New York Supreme Court · 1937
- Matter of Realty Associates, Inc.New York Court of Appeals · 1935
3Cited by4 opinions
- Commonwealth Land Title Insurance v. LituchyAppellate Division of the Supreme Court of the State of New York · 1990
- Garthley v. GarthleyNew York Supreme Court · 1959
- In re Metropolitan Life InsuranceNew York Supreme Court · 1940
- In re Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1942