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DIME SAV. v. MONTAGUE REALTY

90 N.Y.2d 539 (1997)

686 N.E.2d 1340

664 N.Y.S.2d 246

Dime Savings Bank of New York, FSB, Plaintiff, v. Montague Street Realty Associates et al., Defendants, and Mark F. Palomino, Respondent. European American Bank, Nonparty Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1997.

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale (William D. Wall, Christopher J. Kutner and Cynthia L. Roberson of counsel), for appellant.

Anthony P. Mennella, Staten Island, for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

In this mortgage foreclosure action involving a parcel of commercial real estate, the receiver moves for an order compelling the nonparty tenant to attorn for rents due. The issue presented is whether an agreement between the tenant and the landlord/mortgagor, which extended the term of the lease, constituted a new lease and was therefore subject to an existing mortgage or was merely a continuation...

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