Opinion
March 24, 1992
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
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 leasehold rights (United States v Bedford Assocs., 491 F. Supp. 851, 866, affd in part and revd in part on other grounds 657 F.2d 1300, cert denied 456 U.S. 914). Plaintiff's 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 A.D.2d 212, 215).
Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.