American Federal Savings & Loan Ass'n v. Orenstein

We concur in the opinion of Judge Brown, except as to his discussion and resolution of the substantive issue. The reader is referred to Judge Brown’s opinion for the facts in the instant case.

The trial court granted summary judgment because it found the subordination clause unambiguously subordinated Orenstein’s mortgage to that of plaintiff. However, each party on appeal has presented reasonable interpretations of the same clause which are at variance with each other. If the clause is interpreted, as plaintiff suggests, as subordinating Orenstein’s mortgage not only to the interests of the…