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FIRST NY BANK v. 155 E REALTY

158 Misc.2d 658 (1993)

601 N.Y.S.2d 990

First New York Bank for Business, Formerly Known as First Women's Bank, Plaintiff, v. 155 E. 34 Realty Co. et al., Defendants.

Supreme Court, New York County.

August 26, 1993

Attorney(s) appearing for the Case

Parker Duryee Rosoff & Hoft, New York City, for Board of Managers of Warren House Condominium, defendant. Dryer & Traub, New York City, for plaintiff.

EDWARD H. LEHNER, J.

This motion raises the question of whether condominium common charges should be paid to the condominium board by a receiver in a mortgage foreclosure action as part of the expenses of maintaining the premises under RPAPL 1325 (2) in light of the ruling in the recent case of Bankers Trust Co. v Board of Mgrs. (81 N.Y.2d 1033 [1993]), where the Court...

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