61 WEST 62ND OWNERS CORP. v. HARKNESS APARTMENT OWNERS CORP.


202 A.D.2d 345 (1994)

609 N.Y.S.2d 226

61 West 62nd Owners Corp., Respondent, v. Harkness Apartment Owners Corp. et al., Defendants, and Continental Realty Credit, Inc., Appellant

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

March 29, 1994


Appellant's argument that as a mortgagee out of possession it cannot be held liable to pay arrears for use and occupancy or post a bond to secure the tenant's other obligations was not raised in the IAS Court and may not be considered for the first time on appeal (Lichtman v Grossbard, 73 N.Y.2d 792). It was not an abuse of discretion for the court to condition the granting of appellant...

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