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Richard A. Klass
Real Estate Litigation: articles |
By Richard Klass, Esq.
"Your Court Street Lawyer"
Email: RichKlass@courtstreetlaw.com
Equitable Estoppel of a Mortgagee’s Claim
The doctrine of “equitable estoppel” was applied in a recent case litigated in the Commercial Division of the Kings County Supreme Court. In deciding that a mortgagee was estopped from collecting additional moneys from the mortgagor/cooperative corporation, Justice Carolyn Demarest relied upon the long-standing principle that the courts will not allow a party to “lull” another into inactivity to its detriment. In affirming the Decision and Order of Justice Demarest, the Appellate Division, Second Department found that summary judgment was properly granted on the basis of equitable estoppel..... (more)
See also, LawCURRENTS back issues for numerous relevant articles and cases.
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