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Bank of Am. v. Angel

Appellate Division of the Supreme Court of the State of New York
May 20, 2021
194 A.D.3d 563 (N.Y. App. Div. 2021)

Opinion

13884-13885 Index No. 35173/13 Case Nos. 2019-3898, 2019-3601

05-20-2021

BANK OF AMERICA, N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loan Servicing, L.P., Plaintiff–Respondent, v. Althea ANGEL, Defendant–Appellant, Thomas Munro et al., Defendants.

Aletha Angel, appellant pro se. Bryan Cave Leighton Paisner LLP, New York (Suzanne M. Berger of counsel), for respondent.


Aletha Angel, appellant pro se.

Bryan Cave Leighton Paisner LLP, New York (Suzanne M. Berger of counsel), for respondent.

Renwick, J.P., Manzanet–Daniels, Mazzarelli, Mendez, JJ.

Orders, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about January 28, 2019, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment and denied defendant Althea Angel's motions to dismiss the complaint pursuant to CPLR3211 and for leave to file an amended answer and counterclaims, unanimously affirmed, without costs.

Plaintiff established prima facie entitlement to summary judgment in this foreclosure action by annexing copies of the note, mortgage and assignment of mortgage to the summons and complaint at the commencement of the action, as well as having submitted proof of defendants' obligations under the note and mortgage (see MTGLQ Invs., L.P. v. Vasquez, 190 A.D.3d 616, 140 N.Y.S.3d 502 [1st Dept. 2021] ; Bank of N.Y. Mellon v. O'Callahan, 190 A.D.3d 599, 140 N.Y.S.3d 504 [1st Dept. 2021] ). Defendant Angel failed to offer proof as would raise a triable issue.

We have considered Angel's remaining arguments and find them unpreserved and/or unavailing.


Summaries of

Bank of Am. v. Angel

Appellate Division of the Supreme Court of the State of New York
May 20, 2021
194 A.D.3d 563 (N.Y. App. Div. 2021)
Case details for

Bank of Am. v. Angel

Case Details

Full title:Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: May 20, 2021

Citations

194 A.D.3d 563 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 3246
144 N.Y.S.3d 350

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