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ZERLIN v. LANSBURGH

No. 82-2677.

438 So.2d 79 (1983)

Roslyn ZERLIN; Martin Cohen, As Executor of the Estate of Louis Cohen, Appellants, v. Jean LANSBURGH and Leonard Lansburgh, As Co-Personal Representatives of the Estate of Morris Lansburgh, Deceased; Jean K. Lansburgh, Bernard Fuller, Erwin J. Fried, Ivar Blacker, Alan J. Cohen, Jerry Whittels, Joel Cohen, Hillard Halpryn, Sam Cohen and Bennett M. Lifter, Trustee, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 14, 1983.

Attorney(s) appearing for the Case

Dubbin, Berkman, Dubbin & Greenfield and Evan Langbein, Joe N. Unger, Miami, Max M. Hagen, North Miami Beach, for appellants.

Adams, Ward, Hunter, Angones & Adams and John McClure, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

NESBITT, Judge.

The appellants and appellees were joint owners of the ground lease for the Eden Roc Hotel. The group sold its interest in the lease, retaining a security interest in the lease as well as the furniture and fixtures. Ultimately, the purchaser went into bankruptcy and the selling group sought to foreclose on their security interests. The trustee in bankruptcy defended upon the ground that the group failed to...

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