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ACORN PROPS., INC. v. E. 7TH REALTY ASSOCS.

238 A.D.2d 279 (1997)

656 N.Y.S.2d 274

Acorn Properties, Inc., Appellant, v. East 7th Realty Associates, Respondent, et al., Defendants

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

April 29, 1997

Plaintiff's claims that defendant had committed fraud in procuring the mortgage and waste in managing the property, and that the exception to the nonrecourse provision of the mortgage therefore applied, was properly rejected as untimely, having been first raised only in plaintiff's reply papers on the motion. It was plaintiff's burden to come forward with evidence, if not in the foreclosure proceeding then certainly in its motion...

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