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CITY OF NEW YORK v. NORTH RIVER HOUSING DEVELOPMENT FUND CORPORATION

12 A.D.3d 294 (2004)

786 N.Y.S.2d 11

CITY OF NEW YORK, Respondent, v. NORTH RIVER HOUSING DEVELOPMENT FUND CORPORATION, Appellant, et al., Defendants.

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

November 23, 2004.

Defendant, which has been in default of its low-interest, nonrecourse mortgage loan since 1991, does not claim that plaintiff breached any express provision of the mortgage documents or made any oral promises. Rather, defendant claims that payment of the mortgage was rendered impossible by the "wrongful" acts of plaintiff's agencies, in particular, an unexplained delay of eight years by the Department of Buildings in issuing a certificate of occupancy. This allegedly caused...

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