Boston Trade Bank v. Kuzon

*218OPINION OF THE COURT

William J. Davis, J.

Motion and cross motions are decided as follows:

This is an action commenced by plaintiff Boston Trade Bank (hereinafter Boston), to effect collection of sums alleged to be due and owing upon a mortgage given by defendant Kuzon. The mortgage was recorded and constitutes a lien against a certain condominium apartment (unit 8A), located at 216-218 East 47th Street in New York County.

Defendant Community Savings Bank, referred to in these proceedings as Heritage Bank for Savings (hereinafter Heritage), contends that defendant Kuzon likewise gave a mortgage…