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AVAIL 1 LLC v. ACQUAFREDDA ENTERS. LLC

380881/11. 11668B. 11668A. 11668. 11668D.

184 A.D.3d 476 (2020)

124 N.Y.S.3d 196

2020 NY Slip Op 03460

Avail 1 LLC, Respondent, v. Acquafredda Enterprises LLC et al., Appellants, et al., Defendants.

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

Decided June 18, 2020.

Defendants did not raise a triable issue of fact that would warrant relief from their admitted default in repaying a construction loan (see EBC Amro Asset Mgt. v Kaiser, 256 A.D.2d 161, 161-162 [1st Dept 1998]). Defendants failed to proffer the agreement that was allegedly breached when the lender paid the retainage of loan advances to the contractor, months after work was finished but before certificates of occupancy were issued...

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