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Dime Savings Bank v. Rand

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1994
204 A.D.2d 261 (N.Y. App. Div. 1994)

Opinion

May 2, 1994

Appeal from the Supreme Court, Suffolk County (Oshrin, J.).


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff established prima facie entitlement to summary judgment in its action to foreclose on the appellant's mortgage by offering by proof of the mortgage, as well as the appellant's failure to make the monthly mortgage payments (see, European Am. Bank v. Strab Constr. Corp., 196 A.D.2d 479; Silber v. Muschel, 190 A.D.2d 727). Accordingly, to preclude the plaintiff from foreclosing on the mortgage, it became incumbent upon the appellant to establish, by admissible evidence, that a triable issue of fact existed (see, Faustini v. Darth Provisions Co., 131 A.D.2d 809). However, the appellant failed to raise any triable issue of fact to prevent foreclosure. Accordingly, summary judgment was properly granted. Mangano, P.J., Thompson, Joy and Friedmann, JJ., concur.


Summaries of

Dime Savings Bank v. Rand

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1994
204 A.D.2d 261 (N.Y. App. Div. 1994)
Case details for

Dime Savings Bank v. Rand

Case Details

Full title:DIME SAVINGS BANK OF NEW YORK, FSB, Respondent, v. RHODA RAND, Appellant…

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

Date published: May 2, 1994

Citations

204 A.D.2d 261 (N.Y. App. Div. 1994)
614 N.Y.S.2d 144

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