PATMOS FIFTH REAL ESTATE, INC. v. MAZL BLDG., LLC

Not in source.

189 A.D.3d 632 (2020)

139 N.Y.S.3d 142

2020 NY Slip Op 07716

Patmos Fifth Real Estate, Inc., et al., Respondents, v. Mazl Building, LLC, et al., Appellants, et al., Defendants. Mazl Building LLC et al., Third-Party Plaintiffs-Appellants, v. August Reitano, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

Harfenist Kraut & Perlstein, LLP, Lake Success ( Steven J. Harfenist of counsel), for appellants.

Blank Rome LLP, New York ( Andrew T. Hambelton of counsel), and Blank Rome LLP, Pennsylvania, PA ( Daniel E. Rhynhart and Charles A. Fitzpatrick IV , of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.


Plaintiffs' motion to renew with regard to the CEMA was properly granted, and the court's modification of its prior determination to one where defendants held only a 37.5% interest of that mortgage was correct. Defendants' reliance on oral promises to modify the terms of written assignments of mortgages violated General Obligations Law § 5-703 (Ognenovski v Wegman, 275 A.D.2d 1013

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