Kossoff v. Wald
Appellate Division of the Supreme Court of the State of New York
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
- Kansas City Southern Railway Co. v. Guardian Trust Co.Supreme Court of the United States · 1916
- Duer v. JaegerNew York Supreme Court · 1912
3Cited by7 opinions
- Empire State Collateral Co. v. Bay Realty CorporationDistrict Court, E.D. New York · 1964
- Lipson v. H. M. R. Enterprises, Inc.New York Supreme Court · 1959
- Garlasco v. SmithAppellate Division of the Supreme Court of the State of New York · 1937
- Kossoff v. WaldAppellate Division of the Supreme Court of the State of New York · 1935
- Lawrence Avenue Group, USA, Inc. v. ParnesAppellate Division of the Supreme Court of the State of New York · 1987
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