Majority
p. 577UMB Bank and Trust Company, Respondent, v S.H.M. West Parking Corp., Appellant, et al., Defendants.
— Order, Supreme Court, New York County (Leland DeGrasse, J.), entered April 5, 1991, which, to the extent appealed from, granted plaintiffs motion for summary judgment and denied defendant-appellant’s cross-motion for summary judgment, unanimously affirmed, without costs.
Since three of the four consolidated mortgages were recorded before the month-to-month occupancy agreement between appellant and the other defendants, those three mortgages are superior in lien to the occupancy agreement (Dominion Fin. Corp. v 275 Washington St. Corp., 64 Misc 2d 1044 , 1046) making the foreclosure effective to terminate appellant’s
p. 578
leasehold rights (United States v Bedford Assocs., 491 F Supp 851 , 866, affd in part and revd in part on other grounds 657 F2d 1300 , cert denied 456 US 914 ). Plaintiffs exercise of its right under the consolidation agreement to take an assignment of future rents did not create a landlord-tenant relationship between it and appellant (see, Poughkeepsie Sav. Bank v Sloane Mfg. Co., 84 AD2d 212 , 215). Concur — Milonas, J. P., Rosenberger, Kupferman, Ross and Smith, JJ.
Cases cited
- Dominion Financial Corp. v. 275 Washington Street Corp. 64 Misc 2d 1044 at 1046 p. 577
- Herman v. Huddleston 456 US 914 p. 578
- Poughkeepsie Savings Bank v. R & G Sloane Manufacturing Co. 84 AD2d 212 at 215 p. 578