SIESS v. RUDINGER


17 Misc.2d 38 (1959)

Irving A. Siess, Plaintiff, v. Fred Rudinger et al., Defendants.

Supreme Court, Special Term, New York County.

March 9, 1959.


Attorney(s) appearing for the Case

Clarence S. Barasch for plaintiff.

Milton B. Newman for Walter M. Iltis, defendant.

Herbert C. Smyth for Socony Mobil Oil Company, defendant.

Joseph Frank for Sidney M. Scher and another, defendants.


ARON STEUER, J.

Plaintiff brings this action pursuant to article 15 (§ 500) of the Real Property Law to determine his right to a portion of an award in condemnation. The defendants are the fee owner (a corporation), the owner of all the stock of that corporation, the first and second mortgagees, a tenant and a subtenant. The fee owner moves for summary judgment.

The plaintiff has two claims in regard to the award. He is a third mortgagee...

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