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EOR FIFTY NINE OF NEW YORK, INC. v. BACO DEV. CORP.

254 A.D.2d 79 (1998)

678 N.Y.S.2d 614

Eor Fifty Nine of New York, Inc., Appellant, v. Baco Development Corp., Defendant, and James Evanson, Respondent

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

October 8, 1998

While plaintiff asserted that it acquired title to the subject property by means of a foreclosure deed issued in consequence of the foreclosure of a 1984 mortgage, the motion court properly noted that, in fact, plaintiff acquired title pursuant to the foreclosure of a 1990 mortgage, and plaintiff failed to explain why the assignment of rent clause in the 1990 mortgage should be applied retroactively to invalidate the 1986 agreement...

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