BANK OF AM., N.A. v. ONEONTA, L.P.

514134.

97 A.D.3d 1023 (2012)

949 N.Y.S.2d 794

2012 NY Slip Op 5695

BANK OF AMERICA, N.A., as Successor by Merger to LASALLE NATIONAL BANK, as Trustee for the Certificate Holders of the BEAR STERNS COMMERCIAL MORTGAGE SECURITIES, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-C1, Acting by and through Helios AMC, LLC, in it Capacity as Special Servicer, Appellant, v. ONEONTA, L.P., Formerly Known as PITTSFORD CAPITAL MOBILE HOME PARKS, L.P., Defendant.

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

July 19, 2012.


McCarthy, J.

In 1998, defendant executed a consolidated note in the amount of $1,300,000 secured by a mortgage on two parcels of real property each containing a mobile home park. The note and mortgage were subsequently assigned to plaintiff. After defendant defaulted on the note, plaintiff commenced this action to foreclose on the mortgage, seeking to recover the principal and interest due on the note, as well as reimbursement for any expenses incurred during the...

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