Appellate Division of the Supreme Court of New York, 1997

Citibank, N. A. v. Term Pearl Street Garage Corp.

Citibank, N. A. v. Term Pearl Street Garage Corp.
Appellate Division of the Supreme Court of New York · Decided January 21, 1997
235 A.D.2d 303; 652 N.Y.S.2d 708; 1997 N.Y. App. Div. LEXIS 438
Citibank, N. A. v. Term Pearl Street Garage Corp.

Opinion of the Court

Order, Supreme Court, New York County (Edward Greenfield, J.), entered March 15, 1996, which granted plaintiff’s motion for summary judgment on its complaint and dismissing defendant’s counterclaim, unanimously aifirmed, with costs.

We agree with the IAS Court that plaintiff has cured the deficiencies in its prima facie case mentioned in the prior appeal (203 AD2d 52) with specific allegations and detailed documentary evidence substantiating its claim of a material breach of the loan restructuring agreement and that defendant’s repeated, general denials of any such breach lack evidentiary support and do not raise any issue of fact. Concur— Sullivan, J. P., Wallach, Rubin, Tom and Andrias, JJ.

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