CITIMORTGAGE, INC. v. FRIEDMAN

2011-09327, Index No. 20027/08.

109 A.D.3d 573 (2013)

970 N.Y.S.2d 706

2013 NY Slip Op 5670

CITIMORTGAGE, INC., Respondent, v. EVA FRIEDMAN et al., Defendants, and 1733 51st DEVELOPMENT, LLC, Appellant.

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

Decided August 21, 2013.


In an action to foreclose a mortgage, the defendant 1733 51st Development, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated July 25, 2011, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the appellant waived the defense of...

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