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EZRIEL EQUITIES ASSOCS. v. 157 EAST 72ND ST. ASSOCS.

225 A.D.2d 326 (1996)

638 N.Y.S.2d 470

Ezriel Equities Associates L.P., Appellant, v. 157 East 72nd Street Associates et al., Defendants, and Board of Managers of 157 East 72nd Street Condominium, Respondent

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

March 7, 1996

The IAS Court properly directed the receiver to apply rental proceeds first to the payment of common charges during the pendency of the foreclosure. Plaintiff relies on Real Property Law § 339-z, which provides in relevant part, that "[t]he board of managers, on behalf of the unit owners, shall have a lien on each unit for the unpaid common charges thereof * * * prior to all other liens except * * * all sums unpaid on a first...

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