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BENEFIT ST. PARTNERS OPERATING PARTNERSHIP, L.P. v. 96 WYTHE ACQUISITION LLC

Index No. 653396/19. Appeal No. 13138. Case No. 2020-03532.

191 A.D.3d 520 (2021)

138 N.Y.S.3d 348

2021 NY Slip Op 00988

Benefit Street Partners Operating Partnership, L.P., Appellant, v. 96 Wythe Acquisition LLC et al., Respondents, et al., Defendants.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Ethan A. Kobre of counsel), for appellant.

Law Office of Abigail Shvartsman, P.C., Brooklyn ( Abigail Shvartsman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

Plaintiff established prima facie entitlement to summary judgment by producing the mortgage, note, and guaranty executed by defendants, and evidence of defendants' default on their obligations thereunder, including their failure to timely repay the principal balance of the loan (see Wilmington Trust v Sukhu, 155 A.D.3d 591, 591-592 [1st Dept 2017]). Defendants failed to rebut that evidence, and they waived their affirmative defenses...

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