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LIBERTY VIEW v. 90 W. ASSOCS.

150 Misc.2d 913 (1991)

Liberty View Limited Partnership, Plaintiff, v. 90 West Associates, Formerly Known as Nine World Trade Center Associates, et al., Defendants.

Supreme Court, New York County.

April 17, 1991

Attorney(s) appearing for the Case

Goldberg, Weprin & Ustin (Michael Bush of counsel), for plaintiff. Kramer, Levin, Nessen, Kamin & Frankel (Robin S. Feingold of counsel), for R.H.Z. Realty Partners, defendant.

STANLEY L. SKLAR, J.

The question presented is whether the judgment in a foreclosure proceeding instituted by the holder of the first mortgage may include a provision for payment, from the sale, to the separately foreclosing holder of a second mortgage, even though there is a third mortgage on the premises.

Liberty View Limited Partnership, the holder of the first mortgage on premises in Manhattan...

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