Legal Opinion
Resolution Trust Corp. v. J.I. Sopher & Co.
District Court, S.D. New York
Decided June 18, 1996No. 94 Civ. 7189 (DC)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
CHIN, District Judge.
In this foreclosure action, defendant Board of Managers of the OTIC Professional Condominium (“OTIC”) seeks an order requiring the court-appointed receiver to pay the monthly condominium common charges that have accrued on the subject property during the period of receivership and as they become due in the future until the foreclosure sale. Plaintiffs Resolution Trust Corporation (the “RTC”) and RTC Mortgage Trust 1995-S/Nl (the “Trust”) oppose this motion, arguing that under New York law, the interest of a first mortgagee in a condominium property is…
2Cases cited4 opinions
- Bankers Trust Co. v. Board of Managers of the Park 900 CondominiumNew York Court of Appeals · 1993
- Old Bridge Owners Cooperative Corp. v. Township of Old BridgeDistrict Court, D. New Jersey · 1996
- First New York Bank for Business v. 155 E. 34 Realty Co.New York Supreme Court · 1993
- Ezriel Equities Associates L.P. v. 157 East 72nd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by1 opinion
- WOODVIEW CONDO. ASS'N, INC. v. ShanahanNew Jersey Superior Court Appellate Division · 2007