Justice Joseph Santorelli
Ahmed sought to recover damages related to a loan modification agreement he entered into with Carrington Mortgage, alleging, among other things, breach of contract and misrepresentation and fraud. Carrington moved for summary judgment dismissing the complaint, while Ahmed moved for summary judgment in his favor arguing Carrington breached the parties’ loan modification agreement by failing to pay property taxes of the secured property. The court found Carrington failed to show its prima facie entitlement to summary judgment dismissing the first cause of action for contract breach. It noted the 2009 loan modification agreement constituted a contract and Ahmed performed, but Carrington failed to timely pay the owed real estate taxes on the secured property under the express terms of the modification agreement. The court found Ahmed established Carrington breached the modification agreement entitling him to summary judgment as to liability based on Carrington’s failure to timely pay real estate taxes on the secured property, and charging late fees and interest on payments it agreed were current. Yet, it ruled Ahmed failed to plead a breach of duty separate and apart from, or in addition to the breach of contract, thus, dismissed the misrepresentation and fraud claims.