Columbia Federal Sav. Bank v. Carvin

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before ROSENBERGER
• Citation: Columbia Federal Sav. Bank v. Carvin, 639 N.Y.S.2d 802, 225 A.D.2d 471 (N.Y. App. Div. 1996)
• Decision Date: 26 March 1996
• Parties: COLUMBIA FEDERAL SAVINGS BANK, Plaintiff-Respondent, v. Mikel CARVIN, et al., Defendants-Appellants, and 229 E. 53rd Street Associates, et al., Defendants.

Page 802

639 N.Y.S.2d 802

225 A.D.2d 471

COLUMBIA FEDERAL SAVINGS BANK, Plaintiff-Respondent, v. Mikel CARVIN, et al., Defendants-Appellants and 229 E. 53rd Street Associates, et al., Defendants.

Supreme Court, Appellate Division First Department.

March 26, 1996.

Todd C. Steckler, for plaintiff-respondent.

David Rosenberg, for defendants-appellants.

Before ROSENBERGER, J.P., and ELLERIN, RUBIN and NARDELLI, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about April 13, 1995, which, inter alia, granted plaintiff first mortgagee's motion for summary judgment to the extent of dismissing such claims and defenses of defendants-appellants second mortgagees as are predicated on plaintiff's alleged fraud in causing appellants' mortgage to be subordinated, unanimously affirmed, with costs.

The record is devoid of any factual allegations, much less evidence, that could serve to defeat plaintiff's right to foreclose on its mortgage. Appellants' claim that they were defrauded or otherwise improperly induced to...