Scott Mollen
This decision involved an action for “unconscionability and fraudulent inducement.” The defendant lender moved for summary judgment dismissing the plaintiff’s claims and for judgment on its counterclaims seeking to “foreclose on the mortgage and sell the real property which secures it.” The lender also sought summary judgment on its counterclaim to enforce a guaranty executed by counterclaim defendants.
The lender asserted that since the plaintiff, in the subject agreements had “waived all claims arising from the instant transactions, summary judgment as to those claims is warranted.” The lender further asserted that the plaintiff “defaulted under the terms of the relevant mortgages ….”
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