EAST FORDHAM DE LLC v. U.S. BANK ASSOCIATION

M-5760, 260551/14-5897.

146 A.D.3d 610 (2017)

2017 NY Slip Op 00407

44 N.Y.S.3d 903

EAST FORDHAM DE LLC, Respondent, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee and Successor in Interest to BANK OF AMERICA, N.A., et al., Appellants.

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

Decided January 19, 2017.


In deciding plaintiff's motion for a preliminary injunction, the court erred in reaching a determination on the merits of the ultimate relief sought (see Residential Bd. of Mgrs. of Columbia Condominium v Alden, 178 A.D.2d 121 [1st Dept 1991]). Issues of fact exist, including whether defendants waived their right to contest the method used by the parties' appraisers to determine the value of the property.

Motion to strike...

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