Acorn Properties, Inc. v. East 7th Realty Associates

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 12, 1996, which, in a mortgage foreclosure action, insofar as appealed from, denied plaintiffs motion for a deficiency judgment, unanimously affirmed, with costs.

Plaintiffs claims that defendant had committed fraud in procuring the mortgage and waste in managing the property, and that the exception to the nonrecourse provision of the mortgage therefore applied, was properly rejected as untimely, having been first raised only in plaintiffs reply papers on the motion. It was plaintiffs burden to come forward with evi*280dence…