Legal Opinion
Dime Savings Bank of New York, FSB v. Montague Street Realty Associates
New York Court of Appeals
Decided October 21, 1997PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this mortgage foreclosure action involving a parcel of commercial real estate, the receiver moves for an order compelling the nonparty tenant to attorn for rents due. The issue presented is whether an agreement between the tenant and the landlord /mortgagor, which extended the term of the lease, constituted a new lease and was therefore subject to an existing mortgage or was merely a continuation of the original lease.
On November 18, 1982, nonparty tenant, European American Bank (EAB), entered into a lease agreement with Montaco Realty Company (Montaco)…
2Cases cited12 opinions
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Robinson v. . JewettNew York Court of Appeals · 1889
- Mobil Oil Corp. v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1975
- Mobil Oil Corp. v. RubenfeldNew York Court of Appeals · 1976
- Bank of Manhattan Trust Co. v. 571 Park Avenue Corp.New York Court of Appeals · 1933
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- CWCapital Asset Management, LLC v. Chicago Properties, LLCCourt of Appeals for the Seventh Circuit · 2010
- Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
- Lo-Ho LLC v. BatistaAppellate Division of the Supreme Court of the State of New York · 2009
- West Vernon Petroleum Corp. v. Singer Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Kunze v. Arito, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
13 more not listed; retrieve them via the Exa API.