From Casetext: Smarter Legal Research

Marine Midland Bank v. Village Latch, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1986
123 A.D.2d 605 (N.Y. App. Div. 1986)

Opinion

October 2, 1986

Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).


Order affirmed, with costs.

The appellant's assertions that the plaintiff waived and/or is estopped from requiring prompt payments are insufficient to raise a genuine issue of fact in view of the plaintiff's documentary evidence in the form of letters over the course of several years which unequivocally stated that if the mortgage remained delinquent beyond 90 days the matter would be referred to counsel to commence foreclosure proceedings. These letters refute the appellant's claim that the plaintiff had agreed to accept payments for January, February, March and April in April and May of each year. Thus, the appellant's claim that its principals left the country in early 1985 in reliance on the alleged "payment pattern" is without merit, and is insufficient to raise a triable issue of fact (cf. Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175).

We further find that Special Term properly dismissed the appellant's counterclaim alleging abuse of process since it failed to allege any collateral, improper objectives which would support this counterclaim.

The appellant's remaining contention has been considered and found to be without merit. Mollen, P.J., Thompson, Eiber and Spatt, JJ., concur.


Summaries of

Marine Midland Bank v. Village Latch, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1986
123 A.D.2d 605 (N.Y. App. Div. 1986)
Case details for

Marine Midland Bank v. Village Latch, Inc.

Case Details

Full title:MARINE MIDLAND BANK, N.A., Respondent, v. VILLAGE LATCH, INC., Appellant…

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

Date published: Oct 2, 1986

Citations

123 A.D.2d 605 (N.Y. App. Div. 1986)

Citing Cases

NYCTL 2008–A Trust & the Bank of N.Y. v. Singh

Summary judgment dismissing the complaint asserted against defendant Indera K. Singh, and in her favor on her…

Maspeth Fed. Sav. & Loan Ass'n v. Yeshiva Kollel Tifereth Elizer

To state a cause of action to recover damages for abuse of process, a party must allege the existence of (1)…