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