Cassia Corp. v. North Hills Holding Corp.

In an action to foreclose a mortgage, appellants appeal from the judgment of foreclosure and sale which determines that their rights as contract vendees and their vendees’ liens are subordinate to the lien of respondent’s mortgage. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. In our opinion the finding by the learned Justice at Special Term, as expressed in his opinion and implicit in the judgment, that plaintiff had no knowledge of appellants’ rights or of circumstances from which such knowledge could be inferred, is…