Legal Opinion

Albany Savings Bank, FSB v. Novak

New York Supreme Court

Decided August 16, 1991PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Howard Miller, J.

Novel questions of law are raised in this action by plaintiff *957for foreclosure and imposition of an equitable lien upon the proceeds of a settlement received by defendants Joseph M. and Barbara J. Novak (hereinafter Novak) as a result of a lawsuit against a contractor and architect.

On July 16, 1987, Novak purchased a newly constructed residence in Blooming Grove, New York for $288,000. The purchase was funded by Novak’s down payment of $58,000 and by the execution of a $230,000 first mortgage to plaintiff. The appraised value of the property at that time…

2Cases cited10 opinions

  1. American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
  2. Turner v. Lee (In Re Minton Group, Inc.)District Court, S.D. New York · 1985
  3. Turner v. Emmons & Wilson, Inc. (In Re Minton Group, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  4. Syracuse Savings Bank v. Onondaga Silk Co.New York Supreme Court · 1939
  5. Conkling v. First National BankAppellate Division of the Supreme Court of the State of New York · 1955

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Riley v. South Somers Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. CIT Bank, N.A. v. BuonoDistrict Court, E.D. New York · 2019

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