DYE v. LEWIS


39 A.D.2d 828 (1972)

Marvin R. Dye et al., as Trustees for Bondholders Under a Certain Instrument of Trust with Standard Rochester Brewing Co., Inc., Respondents, v. Aaron Lewis et al., Appellants, et al., Defendants

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

May 25, 1972


Order unanimously modified in accordance with memorandum, and as modified affirmed, with costs to appellant;

Memorandum:

While it would appear that the trust instrument upon its face granted the authority to the plaintiffs' predecessor trustees to release the lien of the mortgage sought to be foreclosed if in the opinion of the trustees such action would not prejudice the security provided for the bondholders, a question of fact is presented as to whether...

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