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FLEET BANK OF NEW YORK v. COUNTY OF MONROE INDUS. DEV. AGENCY

224 A.D.2d 964 (1996)

637 N.Y.S.2d 870

Fleet Bank of New York, Formerly Known as Norstar Bank, N. A., and Formerly Known as Security Trust Company, Appellant, v. County of Monroe Industrial Development Agency et al., Defendants, and Marjorie G. Liebschutz et al., Respondents, et al., Defendants

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

February 2, 1996

Order unanimously modified, on the law, and as modified affirmed, without costs, in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment but erred in granting defendants' cross motion for summary judgment dismissing the complaint.

A senior lienor may enter into an agreement with the mortgagor modifying the terms of the underlying note or mortgage without obtaining the consent of any junior lienors

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