Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses "T.C. Murphy Lumber Co., Inc., v. TopRidge, and "Dep't of Hous. Pres. & Dev. of NYC v. Rosenfeld."
May 17, 2022 at 01:58 PM
17 minute read
Real EstateForeclosures—Court Found That There Were Triable Issues of Fact Relative to Affirmative Defenses Which Alleged Bad Faith, Breach of Fiduciary Duty and Breach of the Implied Covenant of Good Faith and Fair Dealing and Declined To Dismiss Those Defenses—Alter Ego Liability—A 50% Investor Purchased the Loan From the Venture's Lender and Commenced a Foreclosure Action
A court held that issues of fact relating to affirmative defenses of bad faith, breach of fiduciary duty and breach of the implied covenant of good faith and fair dealing precluded dismissal of those defenses in a foreclosure action.
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