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FIREMEN'S ASS'N OF THE STATE OF NEW YORK v. DONALDSON

28 A.D.2d 733 (1967)

Firemen's Association of the State of New York, Plaintiff, v. Chase Donaldson et al., Defendants; Nancy Halpern, Appellant, and Susannah Allport, Respondent

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

June 29, 1967

Order affirmed insofar as appealed from, with costs.

The subordination agreement executed by claimant Allport was clearly intended to benefit only the Firemen's Association of the State of New York. However, even if the agreement were regarded as ambiguous, an examination of the surrounding circumstances reveals that Allport never intended to subordinate her mortgages to the Halpern...

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