Guarantee Waiving Defenses Beyond �Actual Payment� Bars Mortgagee�s Counterclaims Except �Champerty�
August 09, 2007 at 12:00 AM
1 minute read
Decided Aug. 2, 2007
Before Andrias, J.P.; Saxe, Sullivan, Gonzalez, McGuire, JJ.
Plaintiff Palm Beach Mortgage Management, LLC appeals from an order of the Supreme Court, New York County (Alice Schlesinger, J.), entered August 31, 2006, which denied its motion for summary judgment, and granted its motion to strike defendant’s affirmative defenses and counterclaims solely to the extent of striking the first and fifth affirmative defenses and first counterclaim.
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