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New York Supreme Court, 1971

Rosenkrantz v. Salvo Realty Corp.

Rosenkrantz v. Salvo Realty Corp.
New York Supreme Court · Decided January 21, 1971 · Pittoni
65 Misc. 2d 467; 317 N.Y.S.2d 809; 1971 N.Y. Misc. LEXIS 1913

Counsel

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 Maneusi for Bonwit Teller, defendant.

Rosenkrantz v. Salvo Realty Corp.

Opinion of the Court

Mabio Pittoni, J.

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

*468Section 489 of the Judiciary Law does not make illegal an assignment of a mortgage which has already been foreclpsed 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.

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