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527-9 LENOX AVE. REALTY CORP. v. NINTH ST. ASSOCS.

200 A.D.2d 531 (1994)

606 N.Y.S.2d 699

527-9 Lenox Ave. Realty Corp., Respondent, v. Ninth Street Associates et al., Appellants, et al., Defendants Ninth Street Associates et al., Third-Party Plaintiffs-Appellants, v. M.A. Morrison, Inc., et al., Third-Party Defendants-Respondents

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

January 27, 1994

It is not disputed that the appealing defendants defaulted on a mortgage held by plaintiff, or that plaintiff exercised a valid right of acceleration after proper notice. The appealing defendants do not offer any valid affirmative defense to plaintiff's cause of action for foreclosure. The agreement recited that the written contract contained all representations made as to physical condition, rents, leases, expenses, operation or...

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