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DHNH REALTY v. JEANTET RES

105 Misc.2d 690 (1980)

Dhnh Realty Corp., Plaintiff, v. Marino P. Jeantet Residence for Seniors, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

October 29, 1980.

Attorney(s) appearing for the Case

Carol Lilienfeld for plaintiff. Kilhenny & Fuchs (Thomas Kilhenny of counsel), for Marino P. Jeantet Residence for Seniors, Inc., defendant. Cadwalader, Wickersham & Taft for Thrift Associations Service Corporation, defendant.

ARTHUR W. LONSCHEIN, J.

A unique provision contained in a first mortgage of real property presents a question of first impression for resolution by the court. The plaintiff, holder of a junior mortgage, has brought this action to foreclose. The defendant, holder of the senior first mortgage, moves pursuant to CPLR 3211 to dismiss the complaint and cancel the lis pendens on the ground that the complaint fails to state a cause of action in that the...

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