Owner and tenant – Mortgage foreclosure – Subordination


Court of Appeal (unpublished)

November 3, 2021

When a plaintiff landlord’s claim alleging breach of a commercial lease has been dismissed, the dismissal order must be set aside because the lower court erred in ruling that a mortgage foreclosure extinguished the lease. “The plaintiff, Yaro Enterprises, Inc. (Yaro), is appealing a judgment of the Superior Court dismissing its first amended complaint (FAC) against the defendant, First Financial …

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