Seabrook Realty Corp. v. 139 W. Mutual Associates, Ltd.

Order, Supreme Court, New York County, entered March 23, 1977, denying defendants’ motion for *822renewal and adhering to the previous order granting summary judgment to the plaintiff, unanimously reversed, on the law, renewal granted, and, upon renewal, the motion for summary judgment is denied, without costs or disbursements. One hundred thirty-nine West 82d Street Realty Corp. (Realty) purchased a parcel of land and executed a mortgage in favor of Ezras Israel, Inc. The mortgage which was executed contained a clause indicating that it was subject to an agreement entered into between the…