Legal Opinion

Bank v. Resles

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 2010PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered January 21, 2009, which granted the motion of defendant Hamari Ventures, LLC, for a determination that its mortgage takes precedence over plaintiff’s mortgage, and ordered the sale of. the mortgaged property to proceed, unanimously reversed, on the law, with costs, and the motion denied.

A summary of the odd procedural history of this foreclosure action is appropriate. Plaintiff Bank of New York (BONY) commenced an action to foreclose on two mortgages on a condominium apartment (the property) that were executed by the…

2Cases cited4 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
  3. Homeowners Loan Corp. v. RecckioAppellate Division of the Supreme Court of the State of New York · 2007
  4. NYCTL 1998-1 Trust v. IbrahiemNew York Supreme Court · 2007

3Cited by3 opinions

  1. 80P2L LLC v. U.S. Bank Trust, N.A.Appellate Division of the Supreme Court of the State of New York · 2021
  2. 80P2L LLC v. U.S. Bank Trust, N.A.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Neustein v. NeusteinAppellate Division of the Supreme Court of the State of New York · 2011

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