TD BANK, N.A. v. 250 JACKSON AVE., LLC

2015-00416, Index No. 1325/12.

137 A.D.3d 1006 (2016)

27 N.Y.S.3d 619

2016 NY Slip Op 01828

TD BANK, N.A., Formerly Known as COMMERCE BANK, N.A., Appellant, v. 250 JACKSON AVE., LLC, et al., Respondents.

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

Decided March 16, 2016.


Ordered that the order is reversed, on the law, with costs, and that branch of the plaintiff's motion which was for leave to amend the complaint to substitute a cause of action to recover on a promissory note and guaranty in lieu of the cause of action to foreclose the mortgage is granted.

On or about September 11, 2007, the defendant 250 Jackson Ave., LLC (hereinafter 250 Jackson), executed a promissory note in favor of the plaintiff, and delivered to the plaintiff...

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