RM 14 FK Corp. v. Bank One Trust Co., N.A.

*284OPINION OF THE COURT

Bernard J. Fried, J.

In this action, seeking a declaratory judgment, damages, and other relief, arising out of a series of real estate transactions, dating back to 1983 in which the plaintiff obtained a remainder interest in fee in 14 parcels of real property located in 10 states, defendants have moved for summary judgment. (Motion sequence Nos. 002 and 003 have been consolidated for disposition.)

The main issue is whether, as a result of the transactions described below, the plaintiff remainderman became a surety, affording it the special rights provided to a secondary…