Continental Bank & Trust Co. v. Tanager Construction Corp.
New York Supreme Court
1Opinion of the CourtHofstadter, J.
Motion by plaintiff for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice in an action for a declaratory judgment. The complaint alleges "the following facts.
On January 16, 1930, the defendant executed and delivered to Straus National Bank & Trust Company of New York, as trustee, a first mortgage on a leasehold affecting premises in the borough of Manhattan, New York City, known as 1400 Broadway. The said mortgage secured the payment of $3,700,000 then due and owing by the defendant to S. W. Straus & Co. Thereby principal was payable January 1, 1948, *247or sooner at…
2Cases cited7 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- House v. . CarrNew York Court of Appeals · 1906
- Newburger v. American Surety Co.New York Court of Appeals · 1926
- Harvey v. Guaranty Trust Co.New York Supreme Court · 1929
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Garden City Country Club, Inc. v. AldworthNew York Supreme Court · 1959
- Continental Bank & Trust Co. v. Tanager Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1950
- Sorrentino v. MierzwaAppellate Division of the Supreme Court of the State of New York · 1968