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MATTER OF WITHINVESTORS ST. MARKS, LLC v. KJY INVESTMENT LLC

2946, 161536/13.

146 A.D.3d 728 (2017)

2017 NY Slip Op 00606

46 N.Y.S.3d 69

In the Matter of WITHINVESTORS ST. MARKS, LLC, Appellant, v. KJY INVESTMENT LLC, Appellant.

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

Decided January 31, 2017.

Contrary to the IAS court's (Milton A. Tingling, J.), decision, upon which the order appealed from was based, we find that paragraph 3 (5) of the December 19, 2012 debt modification agreement replaced only the table in the January 7, 2009 mortgage note, not the entire section captioned "Refinance and Prepayment Penalties if Mortgage Amount is paid before Amortization Period." Therefore, the sentence in the original note that states, "Notwithstanding anything to the contrary...

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