Legal Opinion

Levy v. Prime East 15th, LLC

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2011Published

1Opinion of the Court

*1067The defendants Prime East 15th, LLC, and Jacob Frank (hereinafter together the appellants) failed to establish their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The appellants did not demonstrate that the mortgage at issue was invalid due to the seller’s failure to convey marketable title to the underlying property or for lack of consideration (see Wranovics v Finnerty, 277 AD2d 841, 843 [2000]; Hamm v Slavin, 257 AD2d 805, 806-807 [1999]; Vinciguerra v…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Aames Capital Corp. v. DavidsohnAppellate Division of the Supreme Court of the State of New York · 2005
  4. Abacus Real Estate Finance Co. v. P.A.R. Construction & Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Citicorp Vendor Finance, Inc. v. Island Garden Basketball, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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