ORCHARDHOTEL, LLC, plf-res, v. D.A.B. GROUP, LLC, defap, ORCHARD CONSTRUCTION, LLC def, BROOKLYN FEDERAL SAVINGS BANK def-res

10202-10202A. ORCHARDHOTEL, LLC, plf-res, v. D.A.B. GROUP, LLC, defap, ORCHARD CONSTRUCTION, LLC def, BROOKLYN FEDERAL SAVINGS BANK def-res — Everett N. Nimetz, Kew Gardens, for ap — Morrison Cohen LLP, New York (Y. David Scharf of counsel), for Orchard Hotel, LLC, res — O'Reilly, Marsh & Corteselli, Mineola (James G. Marsh of counsel), for Brooklyn Federal Savings Bank and State Bank of Texas, res — Orders, Supreme Court, New York County (Bernard J. Fried, J.), entered March 30, 2012, which granted plaintiff's and defendants-respondents' (additional counterclaim defendants) motions to dismiss defendant D.A.B. Group LLC's counterclaims, unanimously affirmed, with costs.

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10202-10202A. ORCHARDHOTEL, LLC, plf-res, v. D.A.B. GROUP, LLC, defap, ORCHARD CONSTRUCTION, LLC def, BROOKLYN FEDERAL SAVINGS BANK def-res — Everett N. Nimetz, Kew Gardens, for ap — Morrison Cohen LLP, New York (Y. David Scharf of counsel), for Orchard Hotel, LLC, res — O’Reilly, Marsh & Corteselli, Mineola (James G. Marsh of counsel), for Brooklyn Federal Savings Bank and State Bank of Texas, res — Orders, Supreme Court, New York County (Bernard J. Fried, J.), entered March 30, 2012, which granted plaintiff’s and defendants-respondents’ (additional counterclaim defendants) motions to dismiss defendant D.A.B. Group LLC’s counterclaims, unanimously affirmed, with costs.

Plaintiff, assignee of additional counterclaim defendant Brooklyn Federal Savings Bank, seeks to foreclose on real property securing two construction-related loans to defendant D.A.B. Group that matured on March 1, 2011 and remain unsatisfied. In its counterclaim for fraud, D.A.B. alleges that agents acting on behalf of Brooklyn Federal or additional counterclaim defendant State Bank of Texas orally misrepresented that the banks would extend the maturity date of the loans to November 2011. However, D.A.B. fails to allege the requisite reasonable reliance on these oral misrepresentations (see International Plaza Assoc., L.P. v. Lacher, 63 AD3d 527, 528 [lst Dept 2009]). The loan documents expressly prohibit oral termination or amendment and provide for termination or amendment only in writing signed by Brooklyn Federal, and in the mortgage agreement D.A.B. acknowledged that the mortgage and all the other documents could be extended, modified or amended only in writing executed by Brooklyn Federal, and that no officer or administrator of the bank had the power or authority from the bank to make an oral extension or modification or amendment on any of the loan documents on its behalf.

ORCHARDHOTEL, LLC, plf-res, v. D.A.B. GROUP, LLC, defap, ORCHARD CONSTRUCTION, LLC def, BROOKLYN FEDERAL SAVINGS BANK def-res

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