Appellate Division of the Supreme Court of New York, 1942

Connecticut General Life Insurance v. Rea

Connecticut General Life Insurance v. Rea
Appellate Division of the Supreme Court of New York · Decided November 16, 1942
265 A.D. 870; 37 N.Y.S.2d 910; 1942 N.Y. App. Div. LEXIS 6254
Connecticut General Life Insurance v. Rea

Opinion of the Court

Plaintiff, as mortgagee, seeks to apply to those plumbing supplies the after-acquired personal property clause of its mortgage. No facts are alleged in the complaint entitling plaintiff to that relief. (Mfrs. Trust Co. v. Peck-Schwartz R. Corp., 277 N. Y. 283, 285, 286.) Appeal from order denying appellant’s motion to open its default dismissed, without costs. The appeal from the order denying appellant's motion to open its default has become academic. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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