Eagle Admixtures Ltd. v. Hannon

Judge NEY

specially concurring in part and dissenting in part.

I agree with the majority that the judgment entered cannot stand. However, I write separately because I believe that the proper reasons for reversal should be other than those upon which the majority bases its result.

Further, I would remand for an entry of judgment for plaintiff rather than for a new trial.

I

I do not agree that the subordination clause of tenant’s lease automatically extinguished all of tenant’s rights when Silverado foreclosed the property in 1987. Rather, I believe that the terms of the lease terminate the tenant’s…