Arnav Industries, Inc. Employee Retirement Trust v. Westside Realty Associates

Order, Supreme Court, New York County (Martin Stecher, J.), entered July 23, 1991 which, inter alia, denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, and the motion granted, without costs.

Defendant Mordechai Halberstam, a general partner of defendant Westside Realty Associates, executed a promissory note on behalf of the partnership in connection with a construction loan secured by certain realty. Defendant partnership defaulted on payment of the note, and plaintiff commenced this action to foreclose on the underlying mortgage. The partnership and two of the…