MTGE ENFORCEMENT v. SYRACUSE


124 Misc.2d 777 (1984)

New York State Mortgage Loan Enforcement and Administration Corporation et al., Plaintiffs, v. Syracuse Intown Houses, Inc., et al., Defendants.

Supreme Court, Onondaga County.

January 16, 1984


Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., for plaintiffs. Cadwalader, Wickersham & Taft for Townsend Tower Associates, defendant. Robert Abrams, Attorney-General, for New York State Commissioner of Housing and Community Renewal and others, defendants.


JOHN R. TENNEY, J.

The New York State Urban Development Corporation (UDC) seeks to foreclose its mortgage on the Townsend Tower Project because it is in default for nonpayment.

The defendant raises several affirmative defenses and counterclaims. Among others is the argument that UDC has controlled the project from its inception and, therefore, has the power to create the default position by refusing to authorize increased rentals. It further contends...

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