Legal Opinion
Wells Fargo Bank, National Ass'n v. GSRE II, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 1 opinion
1Opinion of the Court
The motion court correctly dismissed the complaint upon finding that the documentary evidence conclusively established defendants’ right to sell the mortgage loan, in its entirety, without plaintiffs’ consent — the very act which plaintiffs contest (see JFK Holding Co., LLC v City of New York, 68 AD3d 477, 477 [2009] [“factual claims, which are . . . flatly contradicted by documentary evidence . . . are not presumed to be true on a motion to dismiss for legal insufficiency”]).
The court also properly dismissed plaintiffs’ equitable claims. Plaintiffs failed to show that they would suffer…
2Cases cited3 opinions
- Singer Asset Finance Co. v. MelvinAppellate Division of the Supreme Court of the State of New York · 2006
- Broadway 500 West Monroe Mezz II LLC v. Transwestern Mezzanine Realty Partners II, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- JFK Holding Co., LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by1 opinion
- AmBase Corp. v. 111 W. 57th Sponsor LLCAppellate Division of the Supreme Court of the State of New York · 2021