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GOLDBERGER v. KANNEL CORP.

4 A.D.2d 68 (1957)

Anna Goldberger, Individually and as Executrix of Isidor Goldberger, Deceased, Plaintiff, v. Charles Kannel Corp. et al., Defendants. Harrel Holding Corp., Appellant, and Global Realty Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 4, 1957.

Attorney(s) appearing for the Case

Eugene L. Bondy of counsel (David E. Nierenberg and Bertram Braufman with him on the brief; Bondy & Schloss, attorneys), for appellant.

Bernard B. Rubin of counsel (Braun & Rubin, attorneys), for respondent.

BREITEL, J. P., FRANK, VALENTE and McNALLY, JJ., concur.

RABIN, J.

Defendant Charles Kannel Corp. (the "corporation") is owner of the property involved in this foreclosure action. In 1953 defendant Harrel Holding Corp. ("Harrel") took a 21-year lease from the corporation covering a portion of the property. At that time, and known to Harrel, there were two existing mortgages against the premises. The first was held by defendant Charles Kannel who controlled the corporate...

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