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PRUDENTIAL SECURITIES CREDIT CORP., LLC v. TEEVEE TOONS, INC.

5 A.D.3d 226 (2004)

772 N.Y.S.2d 821

PRUDENTIAL SECURITIES CREDIT CORP., LLC, Respondent, v. TEEVEE TOONS, INC., et al., Appellants.

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

March 16, 2004.

The motion court correctly held that no issues of fact exist as to whether plaintiff waived its right to foreclose on the security after defendants defaulted or agreed to a restructuring of the loan. There are no writings evidencing the alleged oral waiver to forbear and few specific details are provided as to exactly when and how it was communicated (compare Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 180-181...

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