¶1It is alleged in the complaint that the defendants partially demolished and practically destroyed the house upon the premises with knowledge of the existence of the plaintiff’s mortgage, and as a result of such acts the value of the plaintiff’s *62security was substantially impaired. The matter thus alleged constitutes a wrong for which the law affords a remedy irrespective of the solvency or insolvency of the mortgagor. It must be held, therefore, that the complaint states a cause of action and consequently the defendant’s motion is denied.
136 Misc. 61
Ferraro v. Weisman
Decided May 29, 1929
New York Supreme Court · decided 1929-05-29
Cited by 1 later decisions — most recently August 1939
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1929-05-29
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