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DIME SAV. BANK OF NEW YORK v. SKRELJA

227 A.D.2d 372 (1996)

642 N.Y.S.2d 84

Dime Savings Bank of New York, FSB, Appellant, v. Marko Skrelja, Respondent, et al., Defendants

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

May 6, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment dismissing the counterclaim of the defendant Marko Skrelja. The "Forebearance and Deferral Agreement" that Skrelja signed, which stated, in pertinent part, "there are no defenses, offsets or counterclaims of any nature to the Note or the Mortgage" did not waive Skrelja's right to bring an action in tort for breach of...

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