Rosenkrantz v. Salvo Realty Corp.

Full title: MELVIN ROSENKRANTZ, Plaintiff, v. SALVO REALTY CORP. et al., Defendants

Court: Supreme Court, Special Term, Nassau County

Date published: Jan 21, 1971

65 Misc. 2d 467 (N.Y. Sup. Ct. 1971)

317 N.Y.S.2d 809

Opinion

January 21, 1971

Joseph D. Stim for Salvo Realty Corp. and another, defendants.

Kanter, Blodnick Haber for plaintiff.

Garfunkel Hyde for Roosevelt Savings Bank of the City of New York, defendant.

Leonard Mancusi for Bonwit Teller, defendant.

MOTION to dismiss complaint. (See, also, 65 Misc.2d 245 and 65 Misc.2d 320.)

MARIO PITTONI, J.

Motion by defendants Salvo Realty Corp. and Midas Collections, Inc., to dismiss the complaint, is granted.

Section 489 Jud. of the Judiciary Law does not make illegal an assignment of a mortgage which has already been foreclosed by the original holder of the mortgage; nor does it make illegal an assignment of the judgment; nor does it make illegal an assignment of a mortgage and its note then in foreclosure to a corporation intending to continue the foreclosure.