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CRIIMI MAE SERVICES LIMITED PARTNERSHIP v. NASSAU BAY ASSOCIATES, L.P.

283 A.D.2d 215 (2001)

724 N.Y.S.2d 735

CRIIMI MAE SERVICES LIMITED PARTNERSHIP, Individually and as Subrogee of GMAC COMMERCIAL MORTGAGE CORP., Respondent, v. NASSAU BAY ASSOCIATES, L.P., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 10, 2001.

In view of plaintiff mortgage service provider's allegations that, to protect its own interest and avoid litigation (see, Meckel v Continental Resources Co., 758 F.2d 811, 814 n 1), it satisfied an existing obligation of defendant mortgage obligor Nassau Bay under a mortgage note, the motion court correctly found that the amended complaint adequately stated a claim to recover from Nassau Bay upon the theory that plaintiff had, to the...

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