Legal Opinion

People ex rel. 342 East 57th Street Corp. v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1941PublishedCited by 6 opinions

1Opinion of the CourtMartin, P. J.

This action involves the ownership of a tax refund. The relator-appellant was the owner of property 342 East Fifty-seventh street. The defendant-appellant was the holder of two mortgages on the property. For the purposes of this opinion, the relator-appellant will be referred to as the owner, and the defendant-appellant as the mortgagee.

On March 1, 1934, the owner was in default in payment of taxes for the year 1933, and on that day an installment of interest amounting to $16,335 became due and payable. In March, 1934, an agreement was entered into between the owner and the mortgagee whereby…

2Cases cited2 opinions

  1. Rider v. . BagleyNew York Court of Appeals · 1881
  2. Womans Hospital v. Sixty-Seventh Street Realty Co.New York Court of Appeals · 1934

3Cited by6 opinions

  1. People Ex Rel. Balbrook Realty Corp. v. MillsNew York Court of Appeals · 1946
  2. Adam Jay Associates v. Board of Assessors of NassauNew York Court of Appeals · 1984
  3. People ex rel. Crompton Building Corp. v. SextonAppellate Division of the Supreme Court of the State of New York · 1942
  4. Greater New York Savings Bank v. Delco Development Co.Appellate Division of the Supreme Court of the State of New York · 1998
  5. People ex rel. Ashwood Realty Corp. v. SextonAppellate Division of the Supreme Court of the State of New York · 1942

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