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East River Sav. Bank v. 671 Prospect Ave. Holding

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 1938
254 App. Div. 845 (N.Y. App. Div. 1938)

Opinion

June 23, 1938.

Present — O'Malley, Townley, Glennon, Dore and Cohn, JJ.; Glennon and Cohn, JJ., dissent and vote to reverse and deny motion for summary judgment, on the ground that the issue as to whether the personal property in dispute is subject to the mortgage lien is one of fact which must await determination upon the trial of the action. ( Manufacturers Trust Company v. Peck-Schwartz Realty Corporation, 277 N.Y. 283; Brooklyn Savings Bank v. Ann-Gold Realty Corporation, 243 App. Div. 703; New York Title Co. v. Menreal Corp., 242 id. 711; Prudential Insurance Co. v. Sanford Real Estate Corp., 246 id. 567.)


Order affirmed, with twenty dollars costs and disbursements. No opinion.


Summaries of

East River Sav. Bank v. 671 Prospect Ave. Holding

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 1938
254 App. Div. 845 (N.Y. App. Div. 1938)
Case details for

East River Sav. Bank v. 671 Prospect Ave. Holding

Case Details

Full title:EAST RIVER SAVINGS BANK, Respondent, v. 671 PROSPECT AVENUE HOLDING…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 23, 1938

Citations

254 App. Div. 845 (N.Y. App. Div. 1938)