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Parasram v. DeCambre

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1998
247 A.D.2d 283 (N.Y. App. Div. 1998)

Opinion

February 19, 1998

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


Defendant-appellant fails to raise a triable issue as to his claim that the mortgage should be voided as fraudulently procured, and his other affirmative defenses and counterclaims were properly rejected on the basis of his waiver in the mortgage of the right to interpose in a foreclosure proceeding any defense, setoff or counterclaim. The motion court properly noted that defendant is not barred from bringing a separate action for the alleged breaches of the contract of sale.

Concur — Sullivan, J. P., Wallach, Rubin, Williams and Tom, JJ.


Summaries of

Parasram v. DeCambre

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1998
247 A.D.2d 283 (N.Y. App. Div. 1998)
Case details for

Parasram v. DeCambre

Case Details

Full title:GAJENDRA PARASRAM et al., Respondents, v. BEVERLY DeCAMBRE, Defendant, and…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 283 (N.Y. App. Div. 1998)
668 N.Y.S.2d 454

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