Legal Opinion

Commonwealth Mortgage Co. v. De Waltoff

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

Decided December 3, 1909PublishedCited by 27 opinions

Appeal by the plaintiff, the Commonwealth Mortgage Company, landlord, from an order of the Appellate Term of the Supreme Court, bearing date the 8th day of April, 1909, and entered in the office of the clerk of the county of New York reversing a final - order of the Municipal Court of the city of New York rendered on the 14th day of January, 1909, and dismissing the proceedings.

1Opinion of the Court

Scott, J.:

The plaintiff appeals from an order of the Appellate Term reversing a final order of the Municipal Court in summary proceed*34ings. The real property from which it is sought to dispossess the respondent consists of an apartment in an apartment house. The . property was mortgaged to the present landlord in June,-1905, by the Rutland. Realty Company, of which the respondent was president. On October 31, 1907, a foreclosure action was begun by the present landlord as mortgagee, .in the course of which and.on April 2, 1908, a receiver was appointed- The .premises wéfe sold under…

2Cases cited2 opinions

  1. Commonwealth Mortgage Co. v. De WaltoffAppellate Terms of the Supreme Court of New York · 1909
  2. Greene v. GeigerAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by27 opinions

  1. Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
  2. DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
  3. United Security Corp. v. SuchmanNew York Court of Appeals · 1954
  4. Snyder v. Bernstein Bros.Supreme Court of Iowa · 1926
  5. Diamond v. Tau Holding Corp.New York Supreme Court · 1927

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