Heller Financial, Inc. v. Apple Tree Realty Associates

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered May 2, 1995, which, to the extent appealed from, granted plaintiff’s and additional counterclaim defendant’s motion for summary judgment of foreclosure, struck the answer and counterclaims of defendants-appellants and appointed a Referee to compute the amount due upon the note and mortgage, unanimously affirmed, with costs.

Waiver of right to foreclose under Nassau Trust Co. v Montrose Concrete Prods. Corp. (56 NY2d 175) requires a specific, identifiable promise (see, Blittner v Friesch-Groningshe Hypotheebank Realty Credit…