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Wood v. Madison Realty Capital, L.P.

Supreme Court, Appellate Division, Second Department, New York.
Jun 12, 2013
107 A.D.3d 792 (N.Y. App. Div. 2013)

Opinion

2013-06-12

Arthur N. WOOD, appellant, v. MADISON REALTY CAPITAL, L.P., respondent.

Arthur N. Wood, Brooklyn, N.Y., appellant pro se. Butler, Fitzgerald, Fiveson & McCarthy, New York, N.Y. (David K. Fiveson and Mark J. Krueger of counsel), for respondent.


Arthur N. Wood, Brooklyn, N.Y., appellant pro se. Butler, Fitzgerald, Fiveson & McCarthy, New York, N.Y. (David K. Fiveson and Mark J. Krueger of counsel), for respondent.

In an action, inter alia, in effect, to set aside two mortgages, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated May 4, 2012, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant made a prima facie showing of its entitlement to judgment as a matter of law by demonstrating that, pursuant to certain modification and extension agreements, the loan transaction at issue was ratified and all defenses to the enforcement of the subject notes and the mortgages were waived ( see Gro–Wit Capital, Ltd. v. Obigor, LLC, 33 A.D.3d 859, 824 N.Y.S.2d 314;Commonwealth Land Tit. Ins. Co. v. Mattera, 208 A.D.2d 490, 616 N.Y.S.2d 798). In opposition, the plaintiff failed to raise a triable issue of fact.

*682The plaintiff's remaining contentions either are without merit or need not be reached in light of our determination.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.


Summaries of

Wood v. Madison Realty Capital, L.P.

Supreme Court, Appellate Division, Second Department, New York.
Jun 12, 2013
107 A.D.3d 792 (N.Y. App. Div. 2013)
Case details for

Wood v. Madison Realty Capital, L.P.

Case Details

Full title:Arthur N. WOOD, appellant, v. MADISON REALTY CAPITAL, L.P., respondent.

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

Date published: Jun 12, 2013

Citations

107 A.D.3d 792 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4329
966 N.Y.S.2d 681