Rosenwald v. Goldfein
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The complaint before us contains two causes of action, the first based upon fraud and the second upon contract. In the first cause of action it is alleged that plaintiff held a chattel mortgage executed by a tenant of premises 33 East 21st Street, borough of Manhattan, and covering the fixtures of a luncheonette business operated by the tenant under a lease from deféndants. On October 4,1954 the tenant being in arrears on rent was dispossessed. At that time the tenant was also in default on the chattel mortgage and plaintiff foreclosed and purchased the fixtures at public auction.
It is then…
2Cases cited5 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Adams v. . GilligNew York Court of Appeals · 1910
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Russell v. . BriggsNew York Court of Appeals · 1901
- Sabo v. DelmanAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by8 opinions
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Fort Howard Paper Co. v. William D. Witter, Inc.Court of Appeals for the Second Circuit · 1986
- Club Chain of Manhattan, Ltd. v. Christopher & Seventh Gourmet, Ltd.Appellate Division of the Supreme Court of the State of New York · 1980
- S.S.I. Investors Ltd. v. Korea Tungsten Mining Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Tuttle, Pendelton & Gelston, Inc. v. Dronart Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1982
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