August 6, 2021

An action to foreclose a mortgage.

The action is properlyaddressed to a court of equity, which will determine the parties' rights according to equity and good conscience. Here, the Appellate Division affirmed the Supreme Court's determination that a "fifty-percent shareholder causing the entity to forego recovery on its only remaining asset goes against every principle of equity."

True Gate Holding, Ltd. v. Baroukhian, NY Slip Op 04588 (1st Dep't July 29, 2021)

Here is the decision.

Tomorrow's issue:  CPLR 3215(c).