Legal Opinion

Red Tulip, LLC v. Neiva

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

Decided August 2, 2007PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT

Gonzalez, J.

The primary issue in this mortgage foreclosure action is whether an unconditional guaranty and waiver of defenses signed by defendant Neiva in connection with a commercial mortgage loan bars her from asserting her remaining affirmative defenses and counterclaim in the action. We hold that because the guaranty signed by Neiva waived all defenses except “actual payment,” and because it is further undisputed that the mortgage debt has not been paid, we dismiss the remaining affirmative defenses and counterclaim and grant summary judgment to plaintiff.

The facts…

2Cases cited15 opinions

  1. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  2. People v. EvansNew York Court of Appeals · 2000
  3. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  4. Moses v. . McDivittNew York Court of Appeals · 1882
  5. Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971

10 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Merrill Lynch Mortgage Investors, Inc. v. Love Funding Corp.New York Court of Appeals · 2009
  2. MBIA Insurance v. LynchAppellate Division of the Supreme Court of the State of New York · 2011
  3. Hotel 71 Mezz Lendek LLC v. MitchellAppellate Division of the Supreme Court of the State of New York · 2009
  4. 71 Clinton St. Apts. LLC v. 71 Clinton Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. HSH Nordbank AG New York Branch v. SwerdlowDistrict Court, S.D. New York · 2009

55 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API