Red Tulip, LLC v. Neiva
Appellate Division of the Supreme Court of the State of New York
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
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- People v. EvansNew York Court of Appeals · 2000
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- Moses v. . McDivittNew York Court of Appeals · 1882
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
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