BRIARWOOD TOWERS 85TH CO. v. GUTERMAN


136 A.D.2d 456 (1988)

Briarwood Towers 85th Company, Respondent, v. Gerald Guterman, Also Known as Gerald Gutterman et al., Defendants, and Briarwood Associates et al., Appellants

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

January 5, 1988


We modify the order of Supreme Court which found that there was a triable issue of fact as to whether appellant Citicorp Community Development, Inc. (Citicorp) was contractually obligated to make advances to appellant Briarwood Associates, and its principal Jeffrey Moskin, under the building loan agreement after Citicorp had notice of plaintiff-respondent's prior, unrecorded collateral deed securing payment of a $5,500,000 "wrap...

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