SUTTON MADISON, INC. v. 27 EAST 65TH STREET OWNERS CORP.


8 A.D.3d 90 (2004)

779 N.Y.S.2d 461

SUTTON MADISON, INC., Appellant, v. 27 EAST 65TH STREET OWNERS CORP., Respondent.

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

June 10, 2004.


The subject agreement gives defendant exclusive authority to obtain new or replacement financing secured by a mortgage against the parties' joint leasehold interests in the building. The agreement further provides that plaintiff must cooperate with defendant's efforts to obtain such financing by, inter alia, "executing any and all mortgage or other loan documents required by any lender to be executed." While plaintiff could object to financing that imposed greater restrictions...

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