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Remodeling Construction Corp. v. Melker

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1946
270 App. Div. 1053 (N.Y. App. Div. 1946)

Opinion

June 28, 1946.


Action to foreclose a junior participating interest in a first mortgage. Respondents, Horowitz, Goldstein and Stein, are second mortgagees. They interposed an answer pleading two separate affirmative defenses, which in substance allege that plaintiff and a nominee of defendant owners of the property entered into a modification agreement, whereby the plaintiff's junior interest in the first mortgage was advanced two years so that it became due prior to respondents' second mortgage, and the interest rate and amortization payments were increased, rendering the second mortgage valueless. Respondents — second mortgagees — moved for summary judgment and plaintiff, pursuant to subdivision 8 of rule 113 of the Rules of Civil Practice, asked for the same relief. Respondents' motion was granted, and plaintiff appeals. Order, and judgment entered thereon, affirmed, with $10 costs and disbursements. No opinion. Lewis, P.J., Hagarty, Johnston and Adel, JJ., concur; Nolan, J., dissents and votes to reverse the order and judgment and to deny the motion on the ground that the record does not establish the extent to which respondents' security has been impaired.


Summaries of

Remodeling Construction Corp. v. Melker

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1946
270 App. Div. 1053 (N.Y. App. Div. 1946)
Case details for

Remodeling Construction Corp. v. Melker

Case Details

Full title:REMODELING CONSTRUCTION CORP., Appellant, v. SAMUEL MELKER et al.…

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

Date published: Jun 28, 1946

Citations

270 App. Div. 1053 (N.Y. App. Div. 1946)

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