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Matter of Turchin v. Warton

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1940
260 App. Div. 447 (N.Y. App. Div. 1940)

Summary

In Matter of Turchin v. Warton (260 A.D. 447), the mortgagor was a resident of Westchester County but the chattels were situated in the city of New York where the mortgage was filed.

Summary of this case from Marine Midland Trust Co. v. Dugan

Opinion

November 1, 1940.

Appeal from Supreme Court of Bronx County, LEVY, J.

Abraham Kantor of counsel [ Samuel Feuer with him on the brief; Feuer, Kantor Feuer, attorneys], for the appellant.

Philip Strauss, for the respondents.

Present — MARTIN, P.J., O'MALLEY, TOWNLEY, DORE and CALLAHAN, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted. Settle order on notice.


The motion should have been granted, for the reasons that the chattel when mortgaged was situated in the city of New York, and the mortgagor was a resident of Westchester county, State of New York. Therefore, the mortgage should have been filed in the county of Westchester as well as in the county where the chattel was located. (See Lien Law, §§ 230 and 232.)

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion granted.


Summaries of

Matter of Turchin v. Warton

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1940
260 App. Div. 447 (N.Y. App. Div. 1940)

In Matter of Turchin v. Warton (260 A.D. 447), the mortgagor was a resident of Westchester County but the chattels were situated in the city of New York where the mortgage was filed.

Summary of this case from Marine Midland Trust Co. v. Dugan

In Matter of Turchin v. Warton (260 App. Div. 447), the mortgagor was a resident of Westchester County but the chattels were situated in the city of New York where the mortgage was filed.

Summary of this case from Marine Midland Trust Co. v. Dugan
Case details for

Matter of Turchin v. Warton

Case Details

Full title:In the Matter of the Petition of GEORGE TURCHIN for an Order Determining…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 1940

Citations

260 App. Div. 447 (N.Y. App. Div. 1940)
23 N.Y.S.2d 144

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