Legal Opinion
Dhnh Realty Corp. v. Marino P. Jeantet Residence for Seniors, Inc.
New York Supreme Court
Decided October 29, 1980PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Arthur W. Lonschein, J.
A unique provision contained in a first mortgage of real property presents a question of first impression for resolution by the court. The plaintiff, holder of a junior mortgage, has brought this action to foreclose. The defendant, holder of the senior first mortgage, moves pursuant to CPLR 3211 to dismiss the complaint and cancel the lis pendens on the ground that the complaint fails to state a cause of action in that the junior mortgage is not in default as alleged.
The plaintiff, DHNH Realty Corp. (DHNH), is the former owner of the premises which…
2Cases cited6 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Mandelino v. FribourgNew York Court of Appeals · 1968
- Syracuse Savings & Loan Ass'n v. HassNew York Supreme Court · 1929
- Frank v. DavisNew York Supreme Court · 1889
- Chase Manhattan Bank v. MehlmanAppellate Division of the Supreme Court of the State of New York · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Christopher v. GurrieriNew York Supreme Court · 1995