ADLER v. ATLAS BRICK CORPORATION, 283 N.Y. 64 (1940)

27 N.E.2d 434

ROSE ADLER, Appellant, v. ATLAS BRICK CORPORATION, Respondent. GREYHOUND HOLDING COMPANY, INC., Respondent.

Court of Appeals of the State of New York.Argued March 12, 1940
Decided April 26, 1940

Appeal from the Supreme Court, Appellate Division, Third Department, FOSTER, J.

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

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Arthur B. Ewig and Samuel Sootin for appellant.

Robert D. Steefel, Sol M. Stroock, Peter I.B. Lavan, Milton Socolof and Sherwood B. Speed for respondents.

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Per Curiam.

As between the parties, at least in the absence of intervening equities, whether or not a mortgage of real property also covers personal property, is a question of intent and that is a question of fact. In East River Savings Bank v. 671 Prospect Ave. Holding Corp. (280 N.Y. 342) we held that, since a question of fact was presented, summary judgment should not have been granted. Here there has been a trial on the merits and a finding that the parties intended that the mortgages cover personal property.

The order of the Appellate Division affirming the order of the Supreme Court of Columbia county dated May 2, 1938, and entered May 4, 1938, should be affirmed, with costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.

Order affirmed, etc.

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