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Citicorp Mortgage, Inc. v. Chen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 968 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Order unanimously reversed on the law with costs, motion granted and complaint against defendants John Chen and Carol Hatch dismissed.

Present — Denman, P.J., Pine, Doerr, Balio and Fallon, JJ.


Supreme Court erred in denying the motion of John Chen and Carol Hatch (defendants) for summary judgment dismissing the complaint against them in this mortgage foreclosure action. The complaint alleges that defendants failed to pay the amount of principal and interest due on March 1, 1995 and that more than 30 days elapsed thereafter without payment. Defendants submitted proof in evidentiary form establishing that Hatch made payments of principal and interest in March and April 1995, thus shifting the burden to plaintiff to raise a triable issue of fact by evidentiary proof in admissible form ( see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Plaintiff failed to meet that burden. (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.)


Summaries of

Citicorp Mortgage, Inc. v. Chen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 968 (N.Y. App. Div. 1997)
Case details for

Citicorp Mortgage, Inc. v. Chen

Case Details

Full title:CITICORP MORTGAGE, INC., Respondent, v. JOHN CHEN, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 1997

Citations

237 A.D.2d 968 (N.Y. App. Div. 1997)
656 N.Y.S.2d 985