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BD. OF MANAGERS OF THE PARKCHESTER NORTH CONDO. v. RICHARDSON

238 A.D.2d 282 (1997)

656 N.Y.S.2d 269

Board of Managers of the Parkchester North Condominium, on Behalf of the Unit Owners, Respondent, v. Donald Richardson et al., Defendants, and Citibank, N. A., Appellant

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

April 29, 1997

This appeal involves the relative priority of a first mortgage on the subject cooperative apartment and a lien for common charges filed by plaintiff Board of Managers. Resolution of this question rests upon the meaning of the term "first mortgage of record" (Real Property Law § 339-z [ii]) and the legal effect to be given to circumstances suggesting that notice of the prior mortgage was afforded to plaintiff.

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