Legal Opinion

Kossoff v. Wald

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1934PublishedCited by 7 opinions

1Opinion of the CourtO’Malley, J.

We are here concerned with the sufficiency of a complaint which seeks relief in equity. Giving it every fair intendment the following facts must be deemed true.

The defendant Greenberg was the owner of real property incumbered by a first mortgage, held by defendant Norwood, and a second mortgage, held by plaintiff. Norwood, Greenberg and the defendant Wald, an alleged dummy for the owner, entered into a conspiracy to wipe out plaintiff’s second mortgage. This was to be effected by the foreclosure of the first mortgage and the sale of the property to the owner through a purported purchase by…

2Cases cited2 opinions

  1. Kansas City Southern Railway Co. v. Guardian Trust Co.Supreme Court of the United States · 1916
  2. Duer v. JaegerNew York Supreme Court · 1912

3Cited by7 opinions

  1. Empire State Collateral Co. v. Bay Realty CorporationDistrict Court, E.D. New York · 1964
  2. Lipson v. H. M. R. Enterprises, Inc.New York Supreme Court · 1959
  3. Garlasco v. SmithAppellate Division of the Supreme Court of the State of New York · 1937
  4. Kossoff v. WaldAppellate Division of the Supreme Court of the State of New York · 1935
  5. Lawrence Avenue Group, USA, Inc. v. ParnesAppellate Division of the Supreme Court of the State of New York · 1987

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