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ALTSHULER SHAHAM PROVIDENT FUNDS, L v. GML TOWER LLC
Citations: 83 A.D.3d 1563; 921 N.Y.S.2d 601Docket: CA 10-01745
Court: Appellate Division of the Supreme Court of the State of New York; April 29, 2011; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, affirmed an order from the Supreme Court, Onondaga County, which granted summary judgment to the defendants: The Pike Company, Inc., The Hayner Hoyt Corporation, and Syracuse Merit Electric, a Division of O’Connell Electric Co. Inc. The appeal was filed by Altshuler Shaham Provident Funds, Ltd. The court cited the reasoning provided in the lower court's decision (Altshuler Shaham Provident Funds, Ltd. v GML Tower, LLC, 28 Misc 3d 475) as the basis for its affirmation. Additionally, the appellate court noted that the plaintiff's argument regarding the 2007 Loan Agreement being a preliminary agreement that expired before the mortgage was filed was not addressed, as it was raised for the first time on appeal. The court pointed out that this argument could have been resolved at the Supreme Court level with proper factual or legal actions, referencing Oram v Capone, 206 AD2d 839, 840. The order was entered on April 29, 2011.