North Fork Bank v. Hamptons Mist Management Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*597In its motion, inter alia, for summary judgment, the plaintiff established its case as a matter of law through the production of the mortgage and the unpaid note. The appellants were then required to assert any defenses which would raise a question of fact about their default on the mortgage (see, LBV Props. v Greenport Dev. Co., 188 AD2d 588; Metropolitan Distrib. Servs. v DiLascio, 176 AD2d 312), such as " ’waiver by the mortgagee, or estoppel, or bad faith, fraud, oppressive or unconscionable conduct on the latter’s part’ ” (Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 NY2d 175,…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- LBV Properties v. Greenport Development Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Metropolitan Distribution Services, Inc. v. DiLascioAppellate Division of the Supreme Court of the State of New York · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chemical Bank v. BowersAppellate Division of the Supreme Court of the State of New York · 1996
- First Nationwide Bank, FSB v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2000
- First Union National Bank v. WestonAppellate Division of the Supreme Court of the State of New York · 1999
- North Fork Bank v. Hamptons Mist Management Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- North Fork Bank v. RosenAppellate Division of the Supreme Court of the State of New York · 1996
8 more not listed; retrieve them via the Exa API.