ORCHARD ST. ASSOCS. v. McELONE


216 A.D.2d 110 (1995)

628 N.Y.S.2d 94

Orchard Street Associates, Appellant, v. Bernard McElone, Respondent

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

June 15, 1995


The mortgage consolidation and extension agreement in issue was correctly held to be null and void on the ground that, by its terms, it requires the intended mortgagor, defendant, to own the subject premises, which defendant never did. The record shows that the parties intended that defendant would purchase the premises from the owner, a nonparty who was then in default on his mortgages with plaintiff, and that plaintiff would consolidate and extend the original mortgages...

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