BF Holdings I, Inc. v. South Oak Holding, Inc.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about November 19, 1997, which, in a mortgage foreclosure action instituted by an assignee of the Federal Deposit Insurance Corporation, inter alia, denied defendant mortgagor’s motion for summary judgment dismissing the action on the ground of payment, and granted plaintiffs cross motion for summary judgment, unanimously affirmed, with costs.

The IAS Court correctly estopped defendant mortgagor from asserting the purported satisfaction issued by its lender, a failed bank, in the absence of proof that such satisfaction…