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Choi v. Korea First Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 236 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


The documentary evidence establishes that the second, so-called Disputed Note was the obligation of Manhattan, not Kornew, which defendant could properly enforce by foreclosing on the Manhattan mortgage containing a "dragnet clause" making it applicable to future advances (State Bank v. Fioravanti, 51 N.Y.2d 638, 645). Under these circumstances, even assuming that defendant altered the second mortgage to include a clause subordinating it to the first mortgage, such alteration did not increase plaintiffs' liability and was therefore immaterial (see, Phalanx Corp. v. Philite Radiant, 19 A.D.2d 515; Megaris Furs v Gimbel Bros., 172 A.D.2d 209, 212-213). Nor do plaintiffs' allegations show that defendant's alleged deceptive acts and practices were of a recurring nature and harmful to the public at large, necessary to their claim under General Business Law § 349 (see, United Knitwear Co. v. North Sea Ins. Co., 203 A.D.2d 358). We have considered plaintiffs' other arguments and find them to be without merit.

Concur — Murphy, P. J., Milonas, Ellerin, Rubin and Tom, JJ.


Summaries of

Choi v. Korea First Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 236 (N.Y. App. Div. 1997)
Case details for

Choi v. Korea First Bank

Case Details

Full title:DAVID CHOI et al., Appellants, v. KOREA FIRST BANK OF NEW YORK, Respondent

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 236 (N.Y. App. Div. 1997)
664 N.Y.S.2d 437

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