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CDR CRÉANCES v. EURO-AMERICAN

43 A.D.3d 45 (2007)

837 N.Y.S.2d 33

CDR CRÉANCES S.A., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. EURO-AMERICAN LODGING CORPORATION et al., Appellants, et al., Defendants.

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

May 22, 2007.

Attorney(s) appearing for the Case

Pavia & Harcourt LLP, New York City (Steven Skulnik of counsel), and Bryan Cave LLP, New York City (Suzanne M. Berger and Robert A. Wolf of counsel), for Euro-American Lodging Corporation, appellant.

Montclare & Wachtler, New York City (Paul D. Montclare of counsel), for Macson appellants.

Herrick Feinstein LLP, New York City (Scott T. Tross of counsel), for Atlantic Bank of New York, appellant.

Kellner Herlihy Getty & Friedman, LLP, New York City (Douglas A. Kellner, Arthur W. Greig and Bruce J. Bergman of counsel), for CDR Créances S.A., respondent.

SAXE, J.P., and MALONE, J., concur with CATTERSON, J.; NARDELLI and WILLIAMS, JJ., dissent in a separate opinion by WILLIAMS, J.

OPINION OF THE COURT

CATTERSON, J.

In this appeal from an order and judgment of foreclosure on a hotel building located in midtown Manhattan, defendants-appellants Euro-American Lodging Corporation et al. (hereinafter referred to as EALC) assert that the motion for summary judgment of plaintiff CDR Créances S.A. (hereinafter referred to as CDR) should have been denied since a triable issue of fact exists as to the date when the cause of action accrued...

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