DAVIDOWITZ v. DIXIE ASSOCS.


44 A.D.2d 535 (1974)

Morris Davidowitz, Respondent, v. Dixie Associates et al., Appellants, et al., Defendant

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

March 19, 1974


One Benjamin Winkler entered into a sale-leaseback arrangement with the defendant, Dixie Associates (Dixie), which included Winkler's retaining a third purchase money mortgage in the amount of $444,000. Winkler gave a subordinate assignment of this mortgage to the plaintiff, Davidowitz, to the extent of $100,000. As part of the sale-leaseback arrangement, Dixie retained this third purchase money mortgage as security in the event of the default of the lessee, L.B.M. Enterprises...

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