Mae v. 133 Mgmt., LLC

• Court: New York Supreme Court — Appellate Division
• Citation: Mae v. 133 Mgmt., LLC, 2015 NY Slip Op 1780, 2 N.Y.S.3d 361, 126 A.D.3d 670 (N.Y. App. Div. 2015)
• Decision Date: 04 March 2015
• Parties: Fannie MAE, respondent, v. 133 MANAGEMENT, LLC, et al., appellants, et al., defendants.

126 A.D.3d 670

2 N.Y.S.3d 361

2015 N.Y. Slip Op. 01780

Fannie MAE, respondent,

v.133 MANAGEMENT, LLC, et al., appellants, et al., defendants.

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

March 4, 2015

Sol Mermelstein, Brooklyn, N.Y. (S. Herman Klarsfeld of counsel), for appellants.

Windels Marx Lane & Mittendorf, LLP, New York, N.Y. (Mark A. Slama and Samuel M. Mizrahi of counsel), for respondent.

In an action to foreclose a mortgage, the defendants 133 Management, LLC, and Yuda J. Furth appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Graham, J.), dated December 21, 2012, as granted the plaintiff's motion for summary judgment on the complaint insofar as asserted against them, and to strike their answer.

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

Contrary to the contention of the defendants 133 Management, LLC, and Yuda J. Furth (hereinafter together the Management defendants), the Supreme Court properly granted the plaintiff's motion for summary judgment on the complaint insofar as asserted against them and to strike their answer. The plaintiff established, prima facie, that, as set forth in the provisions of the mortgage, it was not required to give the Management defendants notice of their default or the plaintiff's intent to accelerate the debt ( see Charter One Bank, FSB v. Leone, 45 A.D.3d 958, 845 N.Y.S.2d 513; Long Is. Sav. Bank of Centereach, F.S.B. v. Denkensohn, 222 A.D.2d 659, 635 N.Y.S.2d 683). More...