Home Savings Bank v. Baer Properties, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
On August 10, 1977, defendant Baer Properties, Ltd. (hereinafter Ltd.) through its president, Kenneth J. Baer, executed a bond (which he personally guaranteed) and a mortgage in the amount of $37,000 at 9%% interest for plaintiff Home Savings Bank of Upstate New York. The mortgage covered premises at 355-363 Broadway, Troy, *99New York, and contained a due-on-sale clause which provided: “That in the event of a sale or sales of the above granted premises while this mortgage shall remain a lien thereon, this mortgage and the bond, note or obligation which it secures…
2Cases cited3 opinions
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Mutual Real Estate Investment Trust v. Buffalo Savings BankNew York Supreme Court · 1977
- Ceravolo v. BucknerNew York Supreme Court · 1981
3Cited by8 opinions
- Stenger v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1984
- Viereck v. Peoples Savings & Loan Ass'nSupreme Court of Minnesota · 1984
- Tunnell Publishing Co. v. Straus Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Boyes v. Valley Bank of NevadaNevada Supreme Court · 1985
- Dupuis v. Yorkville Federal Savings & Loan Ass'nDistrict Court, S.D. New York · 1984
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