Appellate Division of the Supreme Court of New York, 1936

Title Guarantee & Trust Co. v. Mortgage Commission

Appellate Division of the Supreme Court of New York · Decided April 3, 1936

247 A.D. 211; 286 N.Y.S. 869; 1936 N.Y. App. Div. LEXIS 8224

Counsel

Timothy N. Pfeiffer of counsel [Joseph V. McKee, Wilber Stammler and Edward D. Gasson with him on the brief; Milbank, Tweed, Hope & Webb, attorneys], for the plaintiff., Joseph J. Corn, Jr., of counsel [Solomon J. Heifetz and Thorold J. Deyrup with him on the brief; Benjamin J. Rabin, attorney], for the defendant.

Opinion of the Court

Per Curiam.

The submission fails to disclose what connection, if any, exists between the plaintiff and the guarantor. Any such connection might be very material in the determination of the issues presented. We are further of the opinion that certificate holders other than the plaintiff should have notice of any intended submission and be afforded opportunity of agreeing, if possible, upon the statement of controversy.

We are unable to . decide the submission and the same, is accordingly dismissed.

Present — Martin, P. J., McAvoy, O'Malley and Cohn, JJ.

Submission of controversy unanimously dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.