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Federal Land Bank of Springfield v. Azapian

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1983
98 A.D.2d 760 (N.Y. App. Div. 1983)

Opinion

December 19, 1983


In an action to foreclose a mortgage, plaintiff appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered March 10, 1983, which denied its motion for summary judgment against respondents. Order reversed, on the law, without costs or disbursements, motion granted, and matter remitted to Special Term for entry of an appropriate judgment. The defendants-respondents presented no more than conclusory and contradictory data to support their affirmative defense of estoppel and waiver of the due-on-sale clause in the mortgage (see Northeast Small Business Inv. Corp. v. Waccabuc Investors, 90 A.D.2d 538; cf. Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175). We particularly note that respondents admit that (1) an officer of plaintiff bank informed their counsel that "the bank would require [an income and expense statement to be filled in and returned by the purchaser] in order * * * that the mortgage remain", (2) plaintiff mailed the form on that day to respondents' counsel, and (3) the form was never returned. Mangano, J.P., O'Connor, Weinstein and Brown, JJ., concur.


Summaries of

Federal Land Bank of Springfield v. Azapian

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1983
98 A.D.2d 760 (N.Y. App. Div. 1983)
Case details for

Federal Land Bank of Springfield v. Azapian

Case Details

Full title:FEDERAL LAND BANK OF SPRINGFIELD, Appellant, v. ARTURO AZAPIAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 1983

Citations

98 A.D.2d 760 (N.Y. App. Div. 1983)

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