A Manhattan Supreme Court justice ruled in favor of the lender in a Midtown real estate matter Monday, finding that Gov. Andrew Cuomo’s executive order suspending commercial foreclosures does not apply to the planned sale of collateral under the Uniform Commercial Code.

If Cuomo had intended to prohibit such sales, he would have “explicitly provided” for the UCC in his order, just as he did with several laws affected by the pandemic, Justice Frank Nervo wrote.

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