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FRIENDS REALTY ASSOCIATES, LLC, Appellant, v. WELLS FARGO BANK, N.A.P., Formerly Known as WELLS FARGO BANK MINNESOTA, N.A.P., as Trustee for the Registered Holders of DLJ COMMERCIAL MORTGAGE CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-CKP1, Respondent.

"It has been settled law since the early 19th century that a mortgagor has no right to pay off his obligation prior to its stated maturity date in the absence of a prepayment clause in the mortgage or contrary statutory authority" ( Matter of Arthur v Burkich, 131 AD2d 105, 106). Because the note here is silent as to prepayment during the sixth loan year, the court did not err in its interpretation that plaintiff/mortgagor did not have an unambiguous right to prepay without penalty.

We have considered plaintiff's remaining arguments and find them without merit.

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REAL. ASSOC. v. FARGO BANK
(May 8, 2007)