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Murray Hill Investments, Inc. v. Adas Yereim, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 602 (N.Y. App. Div. 1996)

Opinion

April 22, 1996

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the order is affirmed, with costs.

The declaratory judgment actions were properly dismissed. The relief sought in each of the declaratory judgment actions, i.e., a declaration as to the validity of the mortgage note, could be determined in the separate action, which was pending, to recover on the note ( see, Matter of Morgenthau v. Erlbaum, 59 N.Y.2d 143, cert denied 464 U.S. 993; Top-All Varieties v. Raj Dev. Co., 173 A.D.2d 604). As for a declaration as to the validity of the mortgage, the Supreme Court did not improvidently exercise its discretion in dismissing the declaratory judgment actions when the plaintiff had an adequate alternative remedy, i.e., a mortgage foreclosure proceeding (see, Matter of Morgenthau v Erlbaum, supra).

Moreover, the Supreme Court correctly determined that the notices of pendency were improperly filed in these actions ( see, CPLR 6501; 5303 Realty Corp. v. O Y Equity Corp., 64 N.Y.2d 313; FB Tr. Rd. Corp. v. DRT Constr. Co., 217 A.D.2d 1001; Freidus v. Sardelli, 192 A.D.2d 578). Rosenblatt, J.P., Copertino, Altman and Friedmann, JJ., concur.


Summaries of

Murray Hill Investments, Inc. v. Adas Yereim, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 602 (N.Y. App. Div. 1996)
Case details for

Murray Hill Investments, Inc. v. Adas Yereim, Inc.

Case Details

Full title:MURRAY HILL INVESTMENTS, INC., Appellant, v. ADAS YEREIM, INC., et al.…

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

Date published: Apr 22, 1996

Citations

226 A.D.2d 602 (N.Y. App. Div. 1996)
641 N.Y.S.2d 562

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