AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PETRA CRE CDO 2007-1, LTD., Respondent, v. 160 JAMAICA OWNERS, LLC, et al., Appellants, et al., Defendants.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting proof of the existence of the mortgage, the unpaid note, and the appellants' default in payment ( see Republic Natl. Bank of N.Y. v O'Kane, 308 AD2d 482; Village Bank v Wild Oaks Holding, 196 AD2d 812). In opposition, the appellants raised various affirmative defenses, including, inter alia, breach of contract and breach of the covenant of good faith and fair dealing, and asserted a counterclaim for damages. However, in the loan documents, the appellants validly waived all defenses, counterclaims, and setoffs ( see Bank of Suffolk County v Kite, 49 NY2d 827, 828; Quest Commercial, LLC v Rovner, 35 AD3d 576; PGA Mktg. v Windsor Plumbing Supply, 124 AD2d 576, 577). Accordingly, the Supreme Court properly granted those branches of the plaintiffs motion which were for summary judgment on the complaint insofar as asserted against the appellants, and dismissing their counterclaim, and to appoint a referee to compute the amount due to the plaintiff.

Use AI to get other relevant cases.

Comments

PETRA CRE CDO v. JAMAICA OWNERS
(May 11, 2010)