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EBC AMRO ASSET MANAGEMENT LIMITED v. KAISER

256 A.D.2d 161 (1998)

681 N.Y.S.2d 539

EBC AMRO ASSET MANAGEMENT LIMITED, Respondent, v. JOHN KAISER, Appellant, et al., Defendants.

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

Decided December 17, 1998.

On July 11, 1984, plaintiff's assignor, European Banking Co. Ltd., located in London, offered defendant John Kaiser and the non-appealing defendant Malcolm McMillian a "loan facility" in the amount of $750,000, secured by a "Property Charge", defined as a mortgage on 9 Gramercy Park South, and a "Securities Charge", defined as an agreement "whereby the Borrowers have agreed to charge certain securities in favor of the Bank". The Securities Charge, also executed on July 11...

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