Legal Opinion

Lapidus v. Kollel Avreichim

New York Supreme Court

Decided May 27, 1982Published

1Opinion of the Court

OPINION OF THE COURT

Lawrence E. Kahn, J.

In this mortgage foreclosure action, defendants seek dismissal of the complaint pursuant to CPLR 3211 (subd [a], pars 1, 5, 7). Plaintiffs cross-move for summary judgment upon their amended complaint.

The pertinent facts in this litigation are not in dispute. Leon Lapidus and Mary Lapidus jointly held mortgages on two parcels of property. The defendants in this action are the mortgagors. Mary Lapidus is deceased. On November 17,1981, Henry Lapidus and Alexander Lapidus were duly appointed as executors and trustees of her. estate. Pursuant to the mortgage…

2Cases cited3 opinions

  1. Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
  2. Cresco Realty Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
  3. Staten Island Savings Bank v. CarnivalAppellate Division of the Supreme Court of the State of New York · 1972

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