Legal Opinion
Jeffrey Towers, Inc. v. Straus
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 1969PublishedCited by 9 opinions
1Opinion of the CourtMunder, J.
Three issues are raised by this appeal: (1) whether the instant proceeding was properly brought pursuant to section 1921 of the Beal Property Actions and Proceedings Law (which section provides that a mortgagor may apply to the Supreme Court for an order discharging his mortagáge when the mortgagee refuses to accept a properly tendered payment), inasmuch as the instant mortgagees, the appellants-respondents Straus and Bomm, claim they were justified in refusing to satisfy the mortgage, which secured not only a monetary obligation but also other obligations for the benefit of lands retained by…
2Cases cited4 opinions
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Noyes v. . WyckoffNew York Court of Appeals · 1889
- Burnett v. . WrightNew York Court of Appeals · 1892
- De Clow v. HaverkampAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by9 opinions
- CitiFinancial Co. (DE) v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2006
- Michaels v. United States Tennis Ass'nAppellate Division of the Supreme Court of the State of New York · 2002
- Cardella v. GiancolaAppellate Division of the Supreme Court of the State of New York · 2002
- Three Bros. Estates, Inc. v. GuliAppellate Division of the Supreme Court of the State of New York · 1994
- Zink v. First Niagara Bank, N.A.District Court, W.D. New York · 2014
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