JAMAICA SAV. BANK v. ASCOT OWNERS, INC.


241 A.D.2d 351 (1997)

660 N.Y.S.2d 562

Jamaica Savings Bank, Fsb, Respondent, v. Ascot Owners, Inc., Respondent, et al., Defendants

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

July 3, 1997


The language in the cooperative offering plan and amendments cannot be construed as obligating plaintiff to refinance the mortgage at maturity, or even to undertake good faith negotiations toward that end, particularly in view of the express disclaimer in the mortgage documents of any representation regarding the availability of funds for refinancing, the interest rate or the cost of refinancing when the mortgage became due (see, Citibank v Plapinger,

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