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Midfirst Savings Loan Association v. James

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 498 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Supreme Court, Kings County (Held, J.).


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

Although the plaintiff made a prima facie showing that the defendant had failed to make payments in accordance with the terms of her note and mortgage, the defendant thereafter carried her burden of establishing the existence of triable issues of fact as to whether it was the negligent and otherwise improper actions of the plaintiff which brought about the default upon which the foreclosure is sought (see, e.g., Greenpoint Sav. Bank v. Pennolino, 136 A.D.2d 600; cf., Loan Am. Fin. Corp. v. Talboom, 163 Misc.2d 199). Under these circumstances, summary judgment was improperly granted. Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

Midfirst Savings Loan Association v. James

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 498 (N.Y. App. Div. 1996)
Case details for

Midfirst Savings Loan Association v. James

Case Details

Full title:MIDFIRST SAVINGS LOAN ASSOCIATION, Respondent, v. JASMINE JAMES, Appellant

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 498 (N.Y. App. Div. 1996)
638 N.Y.S.2d 353