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FLINTKOTE COMPANY, Respondent, v. BERT BAR HOLDING CORP., Appellant, et al., Defendants. (And Another Title.)

Order affirmed, with costs.

The appellant's affidavits opposing the motion for summary judgment set forth mere conclusions concerning alleged oral representations to forego foreclosure, rather than a statement of detailed factual allegations which is required to defeat such a motion (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175; New York State Urban Dev. Corp. v Garvey Brownstone Houses, 98 A.D.2d 767, 771; Federal Land Bank v Azapian, 98 A.D.2d 760). We find appellant's bare and unsubstantiated assertion that plaintiff waived indefinitely its right pursuant to the mortgage to foreclose on the property insufficient to create an issue of fact which would warrant a trial. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.

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FLINTKOTE COMPANY v. BERT BAR HOLDING CORP
(Oct 15, 1985)