AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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
Attorney(S)
Judges

YAGAMO ACQUISITIONS, LLC, AS ASSIGNEE OF FIRST NEW YORK BANK FOR BUSINESS, ETC., PLAINTIFF-APPELLANT, v. BACO DEVELOPMENT 102 STREET INC., ET AL., DEFENDANTS-RESPONDENTS, AND AVNER PLATEK, ET AL., DEFENDANTS.

While plaintiff would ordinarily be entitled to an award of interest on the principal due under the mortgage note through the date of the referee's computation of the amount owing to satisfy the mortgage lien, it would, under the unusual circumstances presented in this foreclosure action, be unconscionable to hold defendants responsible for plaintiff's lengthy delay in obtaining the judgment of foreclosure and sale (see,Dollar Fed. and Loan Assn. v. Herbert Kallen, Inc., 91 A.D.2d 601, 602). Under all the circumstances, we find it appropriate to direct an award of post-summary-judgment interest to plaintiff, but to permit such award only for a period of one year, a period which we deem sufficient for the first referee in this matter to have complied with the summary judgment court's mandate to report with "all convenient speed" (see, id.)

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

YAGAMO ACQUISITIONS v. BACO DEVELOPMENT
(Dec 21, 2000)