D & L Holdings, LLC v. RCG Goldman Co., LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
Plaintiff D & L Holdings, LLC (D&L), in an ongoing attempt to gain possession of a property located at 34-36 West 32nd Street, despite its inability to pay for it, has brought this action seeking a declaration that the transaction between the parties was actually a mortgage, in order to entitle plaintiff to claim a right of equitable redemption of the property. Upon review of the submissions we conclude that defendant’s dismissal motion should have been granted by the motion court. The parties’ transaction, which is unambiguously set forth in the submitted…
2Cases cited15 opinions
- Maas v. Cornell UniversityNew York Court of Appeals · 1999
- Peugh v. DavisSupreme Court of the United States · 1878
- Environmental Concern, Inc. v. Larchwood Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Ford Motor Credit Co. v. Colonial Funding Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Jones Lang Wootton USA v. LeBoeuf, Lamb, Greene & MacRaeAppellate Division of the Supreme Court of the State of New York · 1998
10 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
- LJL 33rd Street Associates, LLC v. Pitcairn Properties Inc.Court of Appeals for the Second Circuit · 2013
- HGCD Retail Services, LLC v. 44-45 Broadway Realty Co.Appellate Division of the Supreme Court of the State of New York · 2006
- 71 Clinton St. Apts. LLC v. 71 Clinton Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Hartsdale Fire District v. Eastland Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
45 more not listed; retrieve them via the Exa API.