City Streets Realty Corp. v. Jan Jay Construction Enterprises Corp.

— Order of the Supreme Court, New York County (Klein, J.), entered October 20, 1981, which dismissed the complaint in the foreclosure action, canceled the notice of pendency filed on February 27, 1981, and denied plaintiff’s cross motion for an appointment of a receiver, is unanimously modified, on the law, without costs, to the extent of denying the motion to dismiss the complaint and otherwise affirmed. Plaintiff-appellant, who holds a second “wraparound” mortgage on premises at 38 Lexington Avenue in New York County, seeks to foreclose as the result of a late payment. The mortgage contains…