527-9 Lenox Avenue Realty Corp. v. Ninth Street Associates

—Order, Supreme Court, New York County (Joan Lobis, J.), entered December 22, 1992, which, inter alia, granted plaintiff and third-party defendants summary judgment on all issues of fraud, misrepresentation, lack of consideration and champerty, unanimously affirmed, with costs.

It is not disputed that the appealing defendants defaulted on a mortgage held by plaintiff, or that plaintiff exercised a valid right of acceleration after proper notice. The appealing defendants do not offer any valid affirmative defense to plaintiff’s cause of action for foreclosure. The agreement recited that the…