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KVR REALTIES, INC. v. TREASURE STAR, INC.

58 N.Y.2d 793 (1983)

KVR Realties, Inc., Respondent, v. Treasure Star, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 6, 1983.

Attorney(s) appearing for the Case

Charles M. Newman for appellant.

Philip H. Schaeffer for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur; Judges MEYER and SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. The subordination and nondisturbance agreement between the plaintiff mortgagee and the tenant effectively rendered the tenant's rights to possession under the lease superior to plaintiff's rights under the mortgage. Thus the tenant need not be joined as a necessary party to this foreclosure...

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