75 STREET SERVICING LLC v. “John Doe #1,” et al., Defendants. (2023)

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered May 4, 2022, which granted plaintiff's motion for summary judgment on its foreclosure complaint and an order of reference, and dismissed defendants' affirmative defenses, unanimously affirmed, without costs.

Based on the nonwaiver provision of the note and mortgage, the acceptance of monthly payments by plaintiff's predecessor in interest, Sterling National Bank, following the July 1, 2019 maturity date of its loan to defendant CLST Enterprises LLC, did not constitute a waiver of the contractual conditions for extending the loan beyond the maturity date (see Flushing Unique Homes, LLC v. Brooklyn Fed. Sav. Bank, 100 A.D.3d 956, 954 N.Y.S.2d 606 [2d Dept. 2012];  see generally Rosenzweig v. Givens, 62 A.D.3d 1, 7, 879 N.Y.S.2d 387 [1st Dept. 2009], affd 13 N.Y.3d 774, 886 N.Y.S.2d 845, 915 N.E.2d 1140 [2009]).  CLST did not otherwise establish that it satisfied those contractual conditions.

We have considered defendants' remaining arguments and find them unavailing.