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WHITE HOUSE MANOR LTD. v. BENJAMIN

11 N.Y.3d 393 (2008)

WHITE HOUSE MANOR, LTD., Respondent, v. ROSE ELLEN BENJAMIN et al., Respondents. KOREAN PRESBYTERIAN CHURCH, Nonparty Appellant.

Court of Appeals of the State of New York.

November 20, 2008.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed LLP, New York City (James C. Fitzpatrick, George A. Davidson, Nathan I. Nahm and Lewis D. Zirogiannis of counsel), for appellant.

Law Offices of Annette G. Hasapidis, South Salem (Annette G. Hasapidis of counsel), for respondents.

OPINION OF THE COURT

READ, J.

In 1987, plaintiff White House Manor, Ltd. purchased 3.43 acres of undeveloped property in the Town of Greenburgh, Westchester County, from Travis Levy, and executed a mortgage on it. The mortgage was subsequently assigned to defendants Rose Ellen Benjamin, Joan C. Levy,1 and Jerald Jay Levy (the Levys). White House also purchased two neighboring parcels...

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