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HELLER FIN., INC. v. APPLE TREE REALTY ASSOCS.

238 A.D.2d 198 (1997)

656 N.Y.S.2d 247

Heller Financial, Inc., Respondent, v. Apple Tree Realty Associates et al., Appellants, and Fuji Bank, Limited, Counterclaim Defendant-Respondent, et al., Defendants

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

April 15, 1997

Waiver of right to foreclose under Nassau Trust Co. v Montrose Concrete Prods. Corp. (56 N.Y.2d 175) requires a specific, identifiable promise (see, Blittner v Friesch-Groningshe Hypotheebank Realty Credit Corp., 221 A.D.2d 152). Here, the lenders kept their promise to afford the borrowers a limited, conditional accommodation. The lenders...

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