Legal Opinion
Citibank, N. A. v. Covenant Insurance
New York Supreme Court
Decided February 15, 1991PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Joan B. Lefkowitz, J.
The motions submitted herein appear to raise an issue of first impression as to whether the court can prudently exercise its discretion to grant leave nunc pro tune to a mortgagee for permission to sue the insurer on a fire policy that insured the mortgaged property while a prior action by the mortgagee against the mortgagor to foreclosure the mortgage is still pending?
Plaintiff mortgagee presents two motions: (1) for leave to serve a second amended complaint in an action on the standard mortgagee clause contained in a fire insurance policy and (2) for…
2Cases cited27 opinions
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Honeyman v. HananNew York Court of Appeals · 1937
22 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Putnam County Savings Bank v. Bagen (In Re Bagen)United States Bankruptcy Court, S.D. New York · 1995
- U.S. Bank National Ass'n Ex Rel. J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP11 v. Perlmutter (In Re South Side House, LLC)United States Bankruptcy Court, E.D. New York · 2012
- Federal Deposit Insurance v. 1873 Western Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Resolution Trust Corp. v. Sopher & Co., Inc.Court of Appeals for the Second Circuit · 1997
- Crossland Mortgage Corp. v. FrankelNew York Supreme Court · 1992
1 more not listed; retrieve them via the Exa API.