EMC MORTGAGE CORPORATION v. GROSS


289 A.D.2d 438 (2001)

735 N.Y.S.2d 581

EMC MORTGAGE CORPORATION, Respondent, v. DAVID GROSS et al., Appellants.

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

Decided December 24, 2001.


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

Contrary to the defendants' contentions, the Supreme Court properly granted the plaintiff's motion for summary judgment compelling execution of the modification agreement. Upon the plaintiff making out a prima facie case for summary judgment, the defendants failed to establish or even raise a triable issue as to whether the plaintiff breached the modification commitment letter when it commenced...

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