Dime Savings Bank of New York, F.S.B. v. Pesce

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

This action arises out of plaintiff Dime Savings Bank’s foreclosure of a mortgage it held on a “qualified leasehold condominium” unit in the Hudson View Towers, one of only two such condominium complexes authorized in this State pursuant to Real Property Law § 339-e. The distinguishing feature of this form of condominium ownership is that, while the units themselves, together with their common interest, are deemed real property (see, Real…