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BANQUE NATIONALE DE PARIS v. 1567 BROADWAY OWNERSHIP ASSOCS.

248 A.D.2d 154 (1998)

669 N.Y.S.2d 568

Banque Nationale De Paris, Respondent, v. 1567 Broadway Ownership Associates et al., Defendants, and National Restaurants Management, Inc., Appellant

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

March 5, 1998

Since the loan documents do not constitute a clear, unambiguous and unequivocal expression that defendant agreed to pay the default rate until the judgment was satisfied, and the judgment of foreclosure provided only that the default rate was to be applied from default and going forward from the date of computation of the amount owed without specifying that such rate was to survive entry of the judgment, no reason exists to depart...

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