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IBT Industries Ltd., v. Schiavo

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 488 (N.Y. App. Div. 1990)

Opinion

March 5, 1990

Appeal from the Supreme Court, Queens County (Joy, J.).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's argument, the letter from the vice-president and corporate manager of Barclays Bank of New York, taken together with the personal affidavit of the defendant Schiavo, properly demonstrated that the defendant had satisfied his contractually mandated obligation to use "reasonable good faith efforts to secure the voluntary release of the property from the mortgage held by Barclays Bank" (see, Zuckerman v City of New York, 49 N.Y.2d 557; Tendler v Lazar, 141 A.D.2d 717). The plaintiff's failure to respond with anything but conclusory and speculative allegations warranted the granting of summary judgment in favor of the defendant (Kennerly v Campbell Chain Co., 133 A.D.2d 669; Gateway State Bank v Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627; Babcock v Allan, 115 A.D.2d 297). We have examined the plaintiff's remaining arguments and find them to be without merit. Mangano, J.P., Kunzeman, Eiber and Harwood, JJ., concur.


Summaries of

IBT Industries Ltd., v. Schiavo

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 488 (N.Y. App. Div. 1990)
Case details for

IBT Industries Ltd., v. Schiavo

Case Details

Full title:IBT INDUSTRIES, LTD., Appellant, v. PHILIP SCHIAVO, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 5, 1990

Citations

159 A.D.2d 488 (N.Y. App. Div. 1990)
552 N.Y.S.2d 360