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ESCO CREDIT CORP. v. DIAMANTIS

189 A.D.2d 798 (1993)

Esco Credit Corp., Respondent, v. Michael Diamantis et al., Appellants, et al., Defendants

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

January 19, 1993

Ordered that the order is affirmed, without costs or disbursements.

The appellant second mortgagee, Barbara Andreadis was neither a party to, nor a third-party beneficiary of, the stipulation between the first mortgagee Esco Credit Corp. (hereinafter Esco), and the mortgagor Michael Diamantis, which consolidated three mortgages held by Esco. Accordingly, she has no right to seek specific enforcement of the stipulation since she was a stranger to it and the stipulation...

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