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ING REAL ESTATE FINANCE (USA) LLC v. PARK AVENUE HOTEL ACQUISITION, LLC

5984, 601860/09

89 A.D.3d 506 (2011)

933 N.Y.S.2d 217

2011 NY Slip Op 7931

ING REAL ESTATE FINANCE (USA) LLC et al., Respondents, v. PARK AVENUE HOTEL ACQUISITION, LLC, Appellant, et al., Defendants.

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

Decided November 10, 2011.

Plaintiffs established prima facie their right to foreclosure with undisputed evidence that defendant failed to pay the outstanding principal due under the parties' loan agreements (see JPMCC 2007-CIBC19 Bronx Apts., LLC v Fordham Fulton LLC, 84 A.D.3d 613 [2011]). In opposition, defendant failed to raise an issue of fact as to its unclean hands and bad faith affirmative defenses (id.). Indeed, defendant did not provide any...

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