Lum v. Antonelli
Cases that cite this one
44 later published cases cite this decision. The 25 that cite it most often are listed here.
- Shochat v. Weisz (District Court, E.D. New York 1992)
- Community National Bank & Trust Co. of New York v. Persky (In re Persky) (United States Bankruptcy Court, E.D. New York 1991)
- Olympus Servicing v. Lee (Appellate Division of the Supreme Court of New York 2008)
- 979 Second Ave. LLC v. Yue Wah Chao (Appellate Division of the Supreme Court of New York 2024)
- Oro v. Figeroa (Appellate Division of the Supreme Court of New York 2022)
- U.S. Bank N.A. v. Saff (Appellate Division of the Supreme Court of New York 2021)
- Bernard v. Citibank, N.A. (Appellate Division of the Supreme Court of New York 2021)
- Izmirligil v. Steven J. Baum, P.C. (Appellate Division of the Supreme Court of New York 2020)
- U.S. Bank Natl. Assn. v. Goldin (Appellate Division of the Supreme Court of New York 2018)
- Kanterakis v. Minos Realty I, LLC (Appellate Division of the Supreme Court of New York 2017)
- Matter of Woodson (Clarke) (Appellate Division of the Supreme Court of New York 2016)
- Butt v. Malik (Appellate Division of the Supreme Court of New York 2014)
- Butt v. Malik (Appellate Division of the Supreme Court of New York 2014)
- ABN AMRO Mortgage Group, Inc. v. Stephens (Appellate Division of the Supreme Court of New York 2012)
- Cunningham v. Baldari (Appellate Division of the Supreme Court of New York 2012)
- Cunningham v. Baldari (Appellate Division of the Supreme Court of New York 2012)
- Moffett v. Gerardi (Appellate Division of the Supreme Court of New York 2010)
- Davis v. Lancaster (New York Supreme Court 2010)
- Bryant v. Bryant (Appellate Division of the Supreme Court of New York 2009)
- Beshara v. Beshara (Appellate Division of the Supreme Court of New York 2008)
- John Deere Insurance Co. v. GBE/Alasia Corp. (Appellate Division of the Supreme Court of New York 2008)
- In re the Estate of Seviroli (Appellate Division of the Supreme Court of New York 2007)
- Paciello v. Graffeo (Appellate Division of the Supreme Court of New York 2006)
- Osborne v. Zornberg (Appellate Division of the Supreme Court of New York 2005)
- Artigas v. Renewal Arts Realty Corp. (Appellate Division of the Supreme Court of New York 2005)
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 of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs to defendants Domenico Antonelli, and Yee Woo Lum and Po Wah Lum (the “defendants Lum”), against plaintiff and defendant The Long Island Savings Bank.
The weight of the evidence more nearly comports with the findings at the Appellate Division (102 AD2d 258). We add only that there is no basis for recovery of attorneys’ fees by the bank against the defendants Lum, or against defendant Antonelli. As to the defendants Lum, any such liability they might have had under the original mortgage was discharged when the mortgage was assumed, with an increased interest rate and term, by Antonelli (see, 38 NY Jur, Mortgages and Deeds of Trust, § 183). Nor can the bank now recover attorneys’ fees against Antonelli, since it asserted no such claim against him below.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.