STATEWIDE SAV. & LOAN ASS'N v. CANOE HILL, INC.


44 N.Y.2d 843 (1978)

Statewide Savings and Loan Association, Appellant, v. Canoe Hill, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 11, 1978.


Attorney(s) appearing for the Case

Robert L. Carnright for appellant.

Carroll J. Mealey and Thomas O. Kellogg for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

In this case, where the parties are the original mortgagor and mortgagee, any intention to include the personalty within the embrace of the mortgage by its omnibus reference to "all the fixtures and articles of personal property, now or hereafter attached to or used in connection with the premises" is negated by the simultaneous execution of the separate security agreement covering "Furniture * * * and all equipment...

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