Schwonke v. Banister
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment and orders unanimously affirmed, with costs. Memorandum: Defendant, Olive K. Banister, by deed from Evelyn E. Boynton dated May 14, 1974 assumed and agreed to pay the mortgage and mortgage debt which plaintiffs seek to foreclose because of default in the payment of real property taxes. She claims that plaintiffs orally agreed to permit her to *753withhold payment of the taxes in consideration of the execution and delivery of her individual bond obligating her to pay the mortgage debt. Defendant’s bond gave plaintiffs no additional rights which they did not possess and did not constitute…
2Cases cited13 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Burr v. . BeersNew York Court of Appeals · 1861
- People v. MayoNew York Court of Appeals · 1979
- Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
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3Cited by6 opinions
- Lippe v. Bairnco Corp.District Court, S.D. New York · 1998
- Goscienski Ex Rel. Frier v. Larosa (In Re Montclair Homes)United States Bankruptcy Court, E.D. New York · 1996
- McCarthy v. SessionsAppellate Division of the Supreme Court of the State of New York · 1991
- Federal Deposit Ins. Corp. v. PappadioDistrict Court, E.D. New York · 1985
- Mendelsohn v. National Westminster Bank, U.S.A. (In Re Frank Santora Equipment Corp.)United States Bankruptcy Court, E.D. New York · 2000
1 more not listed; retrieve them via the Exa API.