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FED DEPOSIT v. FIVE STAR MGT.

258 A.D.2d 15 (1999)

692 N.Y.S.2d 69

FEDERAL DEPOSIT INSURANCE CORPORATION, Successor to RESOLUTION TRUST CORPORATION, as Receiver of AMERICAN SAVINGS AND LOAN ASSOCIATION, Appellant, v. FIVE STAR MANAGEMENT, INC., et al., Respondents, et al., Defendants.

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

June 17, 1999.

Attorney(s) appearing for the Case

Todd C. Steckler of counsel, New York City (Richard S. Fries on the brief; Bachner, Tally, Polevoy & Misher, L. L. P., attorneys), for appellant.

Claude Castro of counsel, New York City (Castro & Karten, attorneys), for respondents.

ROSENBERGER, J.P., NARDELLI and ANDRIAS, JJ., concur.

OPINION OF THE COURT

TOM, J.

Plaintiff-appellant seeks foreclosure on a consolidated $700,000 mortgage which was to be secured by premises located at 289 Seventh Avenue in Manhattan. However, due to a scrivener's error, the deed tendered as security for the mortgage misidentified the premises by reference to the adjacent premises. Hence, when the lender called the note on the consolidated loan, which had incorporated two prior mortgages correctly referencing...

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