JAMAICA SAV. BANK v. BREGSTEIN


49 A.D.2d 617 (1975)

Jamaica Savings Bank, Appellant-Respondent, v. Jerry Bregstein et al., Defendants, and Howard D. Johnson Company et al., Respondents-Appellants, and ITT Credit Corporation, Respondent

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

July 21, 1975


Order affirmed, without costs.

In 1969, the then owners of the subject property leased to defendant Howard D. Johnson Company part of a building to be constructed thereon for use as a restaurant and cocktail lounge. The lease provided that it would be subordinate to all bona fide mortgages thereafter placed on the premises upon condition, inter alia, that every such mortgage should contain a provision that neither the holder thereof nor any purchaser at a foreclosure...

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