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SEABROOK REALTY CORP. v. 139 W. MUT. ASSOCS., LTD.

60 A.D.2d 821 (1978)

Seabrook Realty Corp., Respondent, v. 139 W. Mutual Associates, Ltd., et al., Appellants, et al., Defendants

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

January 19, 1978

Unanimously reversed, on the law, renewal granted, and, upon renewal, the motion for summary judgment is denied, without costs or disbursements.

One hundred thirty-nine West 82d Street Realty Corp. (Realty) purchased a parcel of land and executed a mortgage in favor of Ezras Israel, Inc. The mortgage which was executed contained a clause indicating that it was subject to an agreement entered into between the parties and dated...

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