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MFRS. HANOVER TRUST CO. v. VILL. RATHSKELLER, INC.

203 A.D.2d 178 (1994)

610 N.Y.S.2d 522

Manufacturers Hanover Trust Company, Respondent, v. Village Rathskeller, Inc., Appellant, et al., Defendants

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

April 26, 1994

This is an action to foreclose a revolving credit mortgage on real property located in Manhattan in the principal amount of $2.5 million made April 7, 1987 by plaintiff Manufacturers to 160 Bleeker Street Associates. Defendant-appellant, whose lease is subordinate to the mortgage, argues that the subordination clause should not be enforced, since issues of fact exist as to whether plaintiff bank was aware, at the time the mortgage...

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