Order unanimously reversed on the law without costs and motion denied.
Memorandum:
Plaintiff, Manufacturers and Traders Trust Company (M&T), as trustee under an indenture agreement, commenced this action to foreclose on a mortgage on the Guaranty Building in Buffalo. Supreme Court erred in granting M&T's motion for summary judgment and determining that M&T's mortgage is superior to the mortgage held by defendant TEJV-1, L.P. (TEJV). We conclude...
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