ING Real Estate Finance (USA) LLC v. Park Avenue Hotel Acquisition, LLC
Cases that cite this one
7 later published cases cite this decision.
- HSBC Bank USA, N.A. v. Wu (New York Supreme Court, New York County 2024)
- JPMorgan Chase Bank, N.A. v. Kocak (New York Supreme Court, New York County 2024)
- Cl Notes LLC v. 7th Realty Holdings, LLC (New York Supreme Court, New York County 2024)
- Apsec Resolution, LLC v. West 21st Assoc. LLC (New York Supreme Court, New York County 2024)
- U.S. Bank National Ass'n v. Brjimohan (Appellate Division of the Supreme Court of New York 2017)
- 1855 East Tremont Corp. v. Collado Holdings LLC (Appellate Division of the Supreme Court of New York 2013)
- 1855 East Tremont Corp. v. Collado Holdings LLC (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiffs established prima facie their right to foreclosure with undisputed evidence that defendant failed to pay the outstanding principal due under the parties’ loan agreements (see JPMCC 2007-CIBC19 Bronx Apts., LLC v Fordham Fulton LLC, 84 AD3d 613 [2011]). In opposition, defendant failed to raise an issue of fact as to its unclean hands and bad faith affirmative defenses (id.). Indeed, defendant did not provide any evidentiary proof that plaintiffs’ alleged conflict of interest caused or contributed to the failed negotiations of a prenegotiation agreement (see Marine Midland Bank v Cafferty, 174 AD2d 932, 934-935 [1991]). Under the circumstances, the court properly determined that discovery on the issue is unwarranted. In view of the foregoing, we need not address defendant’s argument regarding the waiver provision in the parties’ master credit agreement.
We have considered defendant’s remaining contentions and find them unavailing. Concur — Saxe, J.E, Sweeny, DeGrasse, Manzanet-Daniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.