American Trust Co. v. 22 West 25th Street Corp.

Plaintiffs move for summary judgment in this action to foreclose two mortgages. The motion is opposed by two of the named defendants.

The objection raised by Dual Plumbing & Heating Supply, Inc., hereinafter referred to as “ Dual, ’ ’ that plaintiffs have failed to allege in their complaint that the building loan agreement was filed, is without merit, for plaintiffs are not required to so allege. It is sufficient that the building loan agreement was in fact duly filed in the office of the County Clerk. The claim that plaintiffs have failed to allege that modifications of the building loan…