Opinion
2015-01-20
CF HY LLC, Plaintiff–Respondent, v. HUDSON YARDS LLC, et al., Defendants, Baruch Singer, Defendant–Appellant.
Katsky Korins, New York (Joel S. Weiss of counsel), for appellant. Sills Cummis & Gross P.C., New York (Mitchell D. Haddad and Jessica R. Brand of counsel), for respondent.
Katsky Korins, New York (Joel S. Weiss of counsel), for appellant. Sills Cummis & Gross P.C., New York (Mitchell D. Haddad and Jessica R. Brand of counsel), for respondent.
Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 10, 2014, in favor of plaintiff in the total amount of $25,764,306.96, unanimously affirmed, with costs. Appeals from orders, same court and Justice, entered on or about December 4, 2013 and January 14, 2014, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
The court's determination of the mortgaged property's fair market value was within the range of the conflicting expert testimony and was otherwise supported by the evidence presented at the hearing ( see generally Trustco Bank v. Gardner, 274 A.D.2d 873, 711 N.Y.S.2d 597 [3d Dept.2000] ). The court properly considered the purchase price of the property after the foreclosure sale ( see Plaza Hotel Assoc. v. Wellington Assoc., 37 N.Y.2d 273, 277, 372 N.Y.S.2d 35, 333 N.E.2d 346 [1975] ).
The court providently exercised its discretion in denying defendant-appellant's request for an adjournment of the hearing until after he testified as a party witness in a separate trial ( see Pezhman v. Department of Educ. of the City of N.Y., 113 A.D.3d 417, 417, 977 N.Y.S.2d 886 [1st Dept.2014], lv. denied 22 N.Y.3d 863, 2014 WL 702123 [2014], cert. denied ––– U.S. ––––, 134 S.Ct. 2303, 189 L.Ed.2d 175 [2014] ).
We have considered defendant's remaining arguments and find them unavailing. TOM, J.P., SAXE, FEINMAN, CLARK, KAPNICK, JJ., concur.