Sarbro: VII v. City of Binghamton

Appeal from an order of the Supreme Court (Mon-serrate, J.), entered October 11,1995 in Broome County, which, inter alia, granted plaintiffs cross motion for partial summary judgment.

Plaintiff and defendant entered into a 10-year lease agreement on April 30,1985 regarding a hotel and conference center (hereinafter the hotel) which was to be constructed on the defendant’s land.1 The financing for the hotel was predominantly derived from Federal funds which included a $7.3 million loan from the Department of Housing and Urban Development (hereinafter HUD) (commonly known as a section 108 loan).…