First Northern Mortgagee Corp. v. Yatrakis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to foreclose a mortgage, the defendant Kathryn B. Yatrakis appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated September 2, 1988, which, inter alia, granted the plaintiff’s motion for summary judgment, and denied her cross motion to amend her answer with leave to commence a separate action against the plaintiff.
Ordered that the judgment is affirmed, with costs.
We find that the appellant waived the right to assert that the plaintiff’s failure to perform a condition precedent set forth in the mortgage bars the instant foreclosure action, as this defense…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
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