Legal Opinion

CDR Créances v. Euro-American Lodging Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 2007PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

In this appeal from an order and judgment of foreclosure on a hotel building located in midtown Manhattan, defendants-appellants Euro-American Lodging Corporation et al. (hereinafter referred to as EALC) assert that the motion for summary judgment of plaintiff CDR Créances S.A. (hereinafter referred to as CDR) should have been denied since a triable issue of fact exists as to the date when the cause of action accrued. For the reasons outlined below, this Court agrees. The order and judgment should be modified and the matter remanded for discovery to ascertain…

2Cases cited3 opinions

  1. Loiacono v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1997
  2. Federal National Mortgage Ass'n v. MebaneAppellate Division of the Supreme Court of the State of New York · 1994
  3. CDR Créances S.A. v. Euro-American Lodging Corp.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by11 opinions

  1. CDR Créances S.A.S. v. CohenNew York Court of Appeals · 2014
  2. Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Yuzary v. WCP Wireless Lease Subsidiary LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Wells Fargo Bank, N.A. v. FerratoAppellate Division of the Supreme Court of the State of New York · 2020

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