AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

HOME SAVINGS BANK, Respondent, v. SCHORR BROTHERS DEVELOPMENT CORP. et al., Appellants, et al., Defendants.

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

In its motion for summary judgment, the plaintiff established its case as a matter of law through the production of the mortgages and the unpaid notes. The appellants were then required to assert any defenses which would raise a question of fact concerning their default on the mortgages (see, Marine Midland Bank v. Freedom Rd. Realty Assocs., 203 A.D.2d 538; Sloane v. Gape, 191 A.D.2d 549; LBV Props. v. Greenport Dev. Co., 188 A.D.2d 588), such as "waiver by the mortgagee, or estoppel, or bad faith, fraud, oppressive or unconscionable conduct on the [plaintiff's] part" (Ferlazzo v. Riley, 278 N.Y. 289, 292; Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 183). Here, the appellants' conclusory and unsubstantiated assertions are not supported by competent evidence and are insufficient to defeat the plaintiff's motion (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Marine Midland Bank v. Freedom Rd. Realty Assocs., supra; LBV Props. v. Greenport Dev. Co., supra). Balletta, J.P., O'Brien, Thompson and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

HOME SAVINGS BANK v. SCHORR BROS. DEV. CORP
(Mar 20, 1995)