This decision involved an action to foreclose a commercial mortgage on two properties and a motion of appointment of a temporary receiver (receiver) to preserve and protect the properties and to collect any rents and profits. The defendants cross-moved for an order dismissing the complaint pursuant to CPLR 3211(a)(2) and (a)(7), or alternatively, staying this action.
On July 1, 2020, the plaintiff commenced the subject foreclosure action. Individual defendants had guaranteed payment of all sums under the loan. The loan matured on April 2, 2020. The defendants had allegedly defaulted by, inter alia, failing to pay off the loan by the maturity date and failing to maintain the properties. The plaintiff cited unpaid property taxes and charges, unpaid water/sewer charges and open violations.
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