Commonwealth Mortgage Co. v. De Waltoff
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order of the Municipal Court of the city of Yew York, seventh district, borough of Manhattan, rendered in favor of the landlord in the first action. Appeal by the landlord from a final order rendered in the same court in favor of the tenant in the second action.
1Opinion of the CourtSeabury, J.
These summary proceedings are brought by a purchaser at a foreclosure sale of certain premises in a part of which these tenants claimed to be rightfully in possession. The purchaser at such foreclosure sale was the mortgagee of said premises. The tenants claim possession under leases made prior to the filing of the notice of lis pendens in the foreclosure action and subsequently to the making and recording of the mortgage. The tenants were in possession of apartments in said premises at the time of the commencement of the foreclosure suit and were not made parties to that action. The tenants…
2Cases cited7 opinions
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Simers v. SaltusNew York Supreme Court · 1846
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
- Greene v. GeigerAppellate Division of the Supreme Court of the State of New York · 1899
- Sprague National Bank v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- Stephen Estates, Inc. v. KaplanCity of New York Municipal Court · 1950
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921
- Broward Title Co. v. Jacobs (In Re Apponline.com, Inc.)United States Bankruptcy Court, E.D. New York · 2002
- Frazier v. CropseyAppellate Terms of the Supreme Court of New York · 1925
1 more not listed; retrieve them via the Exa API.