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INWOOD PARK DEVELOPERS, INC. v. ERHAL HOLDING CORP.

79 A.D.2d 648 (1980)

Inwood Park Developers, Inc., Respondent, v. Erhal Holding Corp., Respondent, and East Coast Wholesalers, Inc., Appellant, et al., Defendant

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

December 15, 1980

Order affirmed insofar as appealed from, without costs or disbursements.

While fraud in the inducement of the senior mortgage may, in certain cases, be asserted by a junior lienor as an affirmative defense to a foreclosure action, fraud in inducing the junior lien, where the senior mortgage is not attacked, is no defense to an action to foreclose the latter. (See D & G Girl Coat Co. v Kafka, 218 App Div 607, affd...

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