European American Bank v. Dupont Building Associates

BASKIN, Judge.

European American Bank [EAB] appeals a final summary judgment denying its claims for damages. We affirm in part and reverse in part.

*972Dupont Building Associates [Dupont] purchased the Alfred I. Dupont building. The acquisition was financed by Chase Manhattan Bank, which later assigned the note and mortgage to EAB. EAB instituted foreclosure proceedings and, in addition, asserted claims of waste, fraud in the inducement, and breach of an oral agreement. EAB obtained a summary judgment on the foreclosure count and bought the property at the judicial sale. When Dupont obtained a…