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GOLBAR PROPS., INC. v. NORTH AM. MORTGAGE INVESTORS

78 A.D.2d 504 (1980)

Golbar Properties, Inc., et al., Respondents-Appellants, v. North American Mortgage Investors et al., Appellants-Respondents; James Talcott, Inc., Respondent, and Lee National Corp. et al., Respondents-Appellants, et al., Defendants

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

September 16, 1980

Affirmed, without costs or disbursements.

We affirm the judgment on the comprehensive and thorough opinion of Justice Helman at Trial Term. We deem it appropriate, however, in view of the position taken by our dissenting brother, to comment briefly on the need to hold a new trial on the sole issue of the value of the Citibank mortgage on the leasehold. The claim of the defendants is that Citibank should have foreclosed on the leasehold mortgage in order to mitigate...

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