Statewide Savings & Loan Ass'n v. Canoe Hill, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Oklahoma P.A.C. First Ltd. Partnership v. Metropolitan Mortgage & Securities Co. (In re Oklahoma P.A.C. First Ltd. Partnership) (United States Bankruptcy Court, D. Arizona 1993)
- Coppotelli v. Insurance Co. of North America (District Court, E.D. New York 1980)
- Mariani v. J.K.I.F. Management, Inc. (New York Supreme Court 1993)
- Sanders v. Palmer (N.Y. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
In this case, where the parties are the original mortgagor and mortgagee, any intention to include the personalty within the embrace of the mortgage by its omnibus reference to "all the fixtures and articles of personal property, now or hereafter attached to or used in connection with the premises” is negated by the simultaneous execution of the separate security agreement covering "Furniture * * * and all equipment * * * owned by the debtor for use in connection with the maintenance and upkeep of the golf club and golf course” (cf. General Synod of Reformed Church v Bonac Realty Corp., 297 NY 119; East Riv. Sav. Bank v 671 Prospect Ave. Holding Corp., 280 NY 342). Consistently, the complaint did not allege that the mortgage covered the personal property, the referee’s notice of sale on foreclosure did not enumerate it, the auctioneer did not offer it and the referee’s report was completely silent on the subject.
Accordingly, the order should be affirmed, with costs.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.