CB FRONTIER LLC v. LSTAR CAPITAL FIN. II, INC.

4501, 654339/16.

153 A.D.3d 1180 (2017)

2017 NY Slip Op 06621

61 N.Y.S.3d 15

CB FRONTIER LLC, Respondent, v. LSTAR CAPITAL FINANCE II, INC., Appellant.

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

Decided September 26, 2017.


The motion court correctly found that defendant failed to conclusively establish a defense as a matter of law based on the mortgage that defendant held on plaintiff's properties and the accompanying UCC-1 statement. Plaintiff advanced a reasonable interpretation of the collateral provision in the mortgage and the nearly identical provision in the UCC-1 statement in maintaining that the portion of the FAR bonus awarded to it by the City of New York that had not yet been transferred...

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