Bexin Realty Corp. v. 348 Lucky Corp.

Order and judgment (one paper), Supreme Court, New York County (Lorraine Miller, J.), entered on or about May 22, 2000, which, inter alia, denied and dismissed the petition pursuant to RPAPL 1921 to discharge a wraparound mortgage in the amount of $170,000, unanimously affirmed, without costs.

The IAS court properly excluded petitioner’s proposed amortization table and the testimony of the expert who prepared it, since the preparer had no personal knowledge of the actual payments made on the mortgage and the mortgages it wrapped, but merely created the table “on the assumption” that certain…