Federal Land Bank v. Azapian
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to foreclose a mortgage, plaintiff appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered March 10,1983, which denied its motion for summary judgment against respondents. Order reversed, on the law, without costs or disbursements, motion granted, and matter remitted to Special Term for entry of an appropriate judgment. The defendants-respondents presented no more than conclusory and contradictory data to support their affirmative defense of estoppel and waiver of the due-on-sale clause in the mortgage (see Northeast Small Business Inv. Corp. v…
2Cases cited2 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Northeast Small Business Investment Corp. v. Waccabuc Investors, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by3 opinions
- Security Pacific Mortgage & Real Estate Services, Inc. v. Canadian Land Co. of America, N.V.District Court, S.D. New York · 1988
- Flintkote Co. v. Bert Bar Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- SECURITY PACIFIC MORTG. & R. EST. v. Canadian LandDistrict Court, S.D. New York · 1988