Sunkyung LLC v Porto Resources, LLC, 2016 NY Slip Op 08117 [145 AD3d 444]

December 1, 2016

Appellate Division, First Department

[*1]

Sunkyung LLC, as Assignee of BPD Bank, Appellant,

v

Porto Resources, LLC, et al., Respondents, et al., Defendants.

Claude Castro & Associates PLLC, New York (Claude Castro of counsel), for appellant.

Law Offices of James C. Mantia PC, New York (James C. Mantia of counsel), for respondents.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 3, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff’s cross motion for summary judgment, unanimously affirmed, with costs.

In this mortgage foreclosure action, plaintiff failed to submit uncontroverted evidence that defendants-respondents defaulted under the mortgage agreement ( see JPMCC 2007-CIBC19 Bronx Apts., LLC v Fordham Fulton LLC , 84 AD3d 613 [1st Dept 2011]). Issues of fact are presented by the June 18, 2012 letter from plaintiff’s predecessor in interest (the bank) to defendant Joseph Porto setting forth the structure of the new loan term, and emails to Joseph Porto from defendants’ relationship manager at the bank stating that the extension had been approved.

We have considered plaintiff’s remaining arguments and find them unavailing. Concur—Tom, J.P., Acosta, Andrias, Moskowitz and Kahn, JJ..