MACKENZIE v. EMIGRANT MORTGAGE COMPANY, INC.

7106. 310625/10.

164 A.D.3d 1159 (2018)

84 N.Y.S.3d 120

2018 NY Slip Op 06200

Lionel F. Mackenzie, Appellant, v. Emigrant Mortgage Company, Inc., Respondent.

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

Decided September 25, 2018.


Defendant demonstrated that it is not obligated to proceed with a proposed loan to plaintiff at an interest rate of 4.375%. Contrary to plaintiff's contention, the loan documents are complete, clear and unambiguous, and therefore must be enforced in accordance with their plain meaning (see Riverside S. Planning Corp. v CRP/Extell Riverside, L.P., 60 A.D.3d 61, 66 [1st Dept 2008], affd 13 N.Y.3d 398

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