Choi v. Korea First Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 21, 1996, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.
*237The documentary evidence establishes that the second, so-called Disputed Note was the obligation of Manhattan, not Kornew, which defendant could properly enforce by foreclosing on the Manhattan mortgage containing a “dragnet clause” making it applicable to future advances (State Bank v Fioravanti, 51 NY2d 638, 645). Under these circumstances, even assuming that defendant altered the…
2Cases cited4 opinions
- Megaris Furs, Inc. v. Gimbel Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- State Bank v. FioravantiNew York Court of Appeals · 1980
- United Knitwear Co. v. North Sea InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
- Phalanx Corp. v. Philite Radiant, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
3Cited by2 opinions
- Canario v. GunnAppellate Division of the Supreme Court of the State of New York · 2002
- Silverman v. Household Finance Realty Corp.District Court, E.D. New York · 2013