Empire Trust Co. v. Park-Lexington Corp.

The Special Term, pursuant to rule 113 of the Rules of Civil Practice, struck out the answer of the appellant Anahma Realty Corporation, the owner of the second mortgage upon a leasehold; and granted the motion of plaintiff for summary judgment.

The appellant claims a right to priority of hen, superior to the first mortgage, as a result of a ground rent adjustment agreement made between the lessor, the lessee-mortgagor and assented to by plaintiff, first mortgagee, at the request of the lessee and the protective committee of bondholders under plaintiff’s mortgage. The demand for relief is…