Legal Opinion
Dime Savings Bank of Brooklyn v. Altman
New York Court of Appeals
Decided July 13, 1937PublishedCited by 21 opinions
1Opinion of the Court
Crane, Ch. J.
Appellant brought action to foreclose a mortgage in the sum of $4,000 on premises located in Brooklyn, owned by respondent. An answer was interposed by respondent setting up, in addition to a general denial, two counterclaims, each demanding judgment for $3,150. These counterclaims are referred to by respondent as one in ejectment, and one for trespass for mesne profits.
The facts giving rise to the counterclaims are these: The respondent took the premises in question subject to the mortgage to appellant. That mortgage contained the clause: “ That the holder of this mortgage, in…
2Cases cited9 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Sullivan v. . RossonNew York Court of Appeals · 1918
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Wallace v. . BerdellNew York Court of Appeals · 1885
- Murray v. . BerdellNew York Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Federal Home Loan Mortgage Corp. v. Dutch Lane AssociatesDistrict Court, S.D. New York · 1991
- Chase National Bank v. Guardian Realties, Inc.New York Court of Appeals · 1940
- Wells Fargo Bank, N.A. v. 6354 Figarden General PartnershipCalifornia Court of Appeal · 2015
- Crawford v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 1963
- 1180 Anderson Avenue Realty Corp. v. Mina Equities Corp.Appellate Division of the Supreme Court of the State of New York · 1983
16 more not listed; retrieve them via the Exa API.