72nd Street Associates v. Greystone Servicing Corp.

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered September 21, 2005, which, insofar as appealed from as limited by the briefs, granted defendant mortgagees’ motion for summary judgment dismissing plaintiff mortgagor’s cause of action for breach of contract to assign its FHA-insured mortgage to its new lender without payment of an assignment fee, and denied plaintiffs cross motion for leave to amend the complaint to add a cause of action for negligence, unanimously affirmed, with costs.

The breach of contract cause of action was properly dismissed as the alleged oral…