Appellate Division of the Supreme Court of New York, 1941

First National Bank v. Home Insurance

First National Bank v. Home Insurance
Appellate Division of the Supreme Court of New York · Decided March 31, 1941
261 A.D. 996; 26 N.Y.S.2d 779; 1941 N.Y. App. Div. LEXIS 8490
First National Bank v. Home Insurance

Opinion of the Court

- Pursuant to submission of controversy upon an agreed statement of facts, judgment is unanimously directed in favor of defendant, without costs, but with disbursements. The scope of the standard mortgagee clause is clearly limited to liability to plaintiff as a first mortgagee. Plaintiff, therefore, cannot fasten liability, as here sought, upon the defendant for loss or damage occurring with respect to a second mortgage executed subsequently to the issuance of the policy and without notice to or knowledge on the part of defendant. Present —- Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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