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PRUDENTIAL INS. CO. v. WARD

154 Misc.2d 968 (1992)

Prudential Insurance Company of America, Plaintiff, v. Frank Ward et al., Defendants.

Supreme Court, New York County.

July 8, 1992

Attorney(s) appearing for the Case

Zeicher Ellman & Krause, New York City (Lisa D. Fishman of counsel), for plaintiff. Mandel & Resnik, P. C., New York City (Richard L. Kellner of counsel), for Board of Managers of Parc Vendome Condominium, defendant.

DAVID B. SAXE, J.

Ruling on an issue that has since arisen with increasing frequency before the trial courts of this State, I originally held in this matter that when a mortgagee, upon foreclosure sale of a condominium unit, purchases the foreclosed-upon property, it must pay the unpaid common charges owed to the condominium on that unit. I recognized that this would run counter to the mortgagee's superior...

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