Maspeth Fed. Sav. & Loan Ass'n v. Elizer

• Decision Date: 22 September 2021
• Docket Number: Index No. 697/10,2018–14568
• Citation: 151 N.Y.S.3d 635 (Mem),197 A.D.3d 1252
• Parties: MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, appellant, v. YESHIVA KOLLEL TIFERETH ELIZER, etc., respondent, et al., defendants.
• Court: New York Supreme Court — Appellate Division

197 A.D.3d 1252
151 N.Y.S.3d 635 (Mem)

MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, appellant,
v.
YESHIVA KOLLEL TIFERETH ELIZER, etc., respondent, et al., defendants.

2018–14568
Index No. 697/10

Supreme Court, Appellate Division, Second Department, New York.

Argued—May 20, 2021
September 22, 2021

Masone, White, Penkava & Cristofari (Mark L. Cortegiano, Middle Village, N.Y. [Diana J. Demirdjan and Derek Piersiak], of counsel), for appellant.

Berg & David, PLLC, Brooklyn, N.Y. (Abraham David and Sholom Wohlgelernter of counsel), for respondent.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, JJ.

151 N.Y.S.3d 636

DECISION & ORDER

197 A.D.3d 1252

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated July 16, 2018. The order, insofar as appealed from, upon a decision of the same court (Miriam P. Sunshine, Ct. Atty. Ref.) dated June 8, 2018, made after a framed-issue hearing, finding that the plaintiff improperly accelerated the subject mortgage, granted the motion of the defendant Yeshiva Kollel Tifereth Elizer for leave to amend its answer to assert three counterclaims.

ORDERED that the order is affirmed insofar as appealed from, with costs.

In June 2005, the plaintiff, Maspeth Federal Savings and Loan Association (hereinafter Maspeth), loaned the sum of $975,000 to the defendant Yeshiva Kollel Tifereth Elizer (hereinafter Yeshiva). The loan was memorialized in a bond and secured by a mortgage encumbering certain real property in Brooklyn.

In a letter dated December 4, 2009, Maspeth declared that Yeshiva was in default due to arrears in payment and that the entire debt was due and payable. Thereafter, Maspeth commenced this action to foreclose the mortgage. Yeshiva interposed an answer and subsequently moved for leave to amend its answer to assert proposed first, second, and third counterclaims, sounding in breach of contract, abuse of process, and...