Hoffinger Industries, Inc. v. Alabama Avenue Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On or about November 17, 1998 the plaintiff conveyed, real property located at 966-988 Alabama Avenue in Brooklyn (hereinafter the premises) to the defendant Alabama Avenue Realty, Inc. (hereinafter Alabama). The purchase was financed in part by a mortgage with a rider and a mortgage note executed on November 19, 1998 by Alabama, which required monthly pay-*819merits to be made through November 19, 2018 to the plaintiff. The rider provided, inter alia, that Alabama waived its right to interpose any defenses or setoffs whatsoever. The defendant Joseph Berkovitz, also known as Joseph Berkowitz…
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