Legal Opinion
First New York Bank for Business v. 155 E. 34 Realty Co.
New York Supreme Court
Decided August 26, 1993PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
This motion raises the question of whether condominium common charges should be paid to the condominium board by a receiver in a mortgage foreclosure action as part of the expenses of maintaining the premises under RPAPL 1325 (2) in light of the ruling in the recent case of Bankers Trust Co. v Board of Mgrs. (81 NY2d 1033 [1993]), where the Court of Appeals held that the lien for such charges upon foreclosure is subordinate to the lender’s first mortgage.
In December 1991 plaintiff, First New York Bank for Business (FNY), commenced this action to…
2Cases cited9 opinions
- 149 Clinton Avenue North, Inc. v. GrassiAppellate Division of the Supreme Court of the State of New York · 1976
- Litho Fund Equities, Inc. v. Alley Spring Apartments Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Bankers Trust Co. v. Board of Managers of the Park 900 CondominiumNew York Court of Appeals · 1993
- Long Island City Savings & Loan Ass'n v. Bertsman Building Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Kaplan v. 2108-2116 Walton Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
- Board of Managers v. LamontaneroAppellate Division of the Supreme Court of the State of New York · 1994
- Federal Home Loan Mortgage Corp. v. TsinosDistrict Court, E.D. New York · 1994
- WOODVIEW CONDO. ASS'N, INC. v. ShanahanNew Jersey Superior Court Appellate Division · 2007
- Ezriel Equities Associates L.P. v. 157 East 72nd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
3 more not listed; retrieve them via the Exa API.