LIBERTYPOINTE BANK v. 75 E. 125TH ST., LLC

Nos. 7764N, 116405/08.

95 A.D.3d 706 (2012)

2012 NY Slip Op 4079

LIBERTYPOINTE BANK, Respondent, v. 75 EAST 125TH STREET, LLC, et al., Appellants, et al., Defendants.

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

Decided May 24, 2012.


As an affirmative defense and counterclaim, defendants contend that they were fraudulently induced into entering into the mortgage transaction by the misrepresentations of plaintiff's former president, including his alleged assertion that plaintiff would not foreclose on the mortgage until the former president had paid a pre-existing debt which he owed to defendants' "silent partner." This alleged oral agreement would directly contradict the terms of the note and mortgage...

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