Cf Hy LLC v. Hudson Yards LLC

124 A.D.3d 490, 998 N.Y.S.2d 301

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 20, 2015
• Docket: 601579/08 -13982 13981 13980
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J), entered July 10, 2014, in favor of plaintiff in the total amount of $25,764,306.96, unanimously affirmed, with costs. Appeals from orders, same court and Justice, entered on or about December 4, 2013 and January 14, 2014, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The court’s determination of the mortgaged property’s fair market value was within the range of the conflicting expert testimony and was otherwise supported by the evidence presented at the hearing (see generally Trustco Bank v Gardner, 274 AD2d 873 [3d Dept 2000]). The court properly considered the purchase price of the property after the foreclosure sale (see Plaza Hotel Assoc. v Wellington Assoc., 37 NY2d 273, 277 [1975]).

The court providently exercised its discretion in denying defendant-appellant’s request for an adjournment of the hearing until after he testified as a party witness in a separate trial (see Pezhman v Department of Educ. of the City of N.Y., 113 AD3d 417, 417 [1st Dept 2014], lv denied 22 NY3d 863 [2014], cert denied 572 US —, 134 S Ct 2303 [2014]).

We have considered defendant’s remaining arguments and find them unavailing.

Concur — Tom, J.E, Saxe, Feinman, Clark and Kapnick, JJ.