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Ometz Realty Corp. v. Edwards

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 468 (N.Y. App. Div. 1997)

Opinion

November 17, 1997

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


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the plaintiff's motion for summary judgment in this action to foreclose a mortgage. The plaintiff established its entitlement to judgment as a matter of law, and the appellants failed to advance any defenses which could raise a triable issue of fact ( see, North Fork Bank v Hamptons Mist Mgt. Corp., 225 A.D.2d 596; Village Bank v. Wild Oaks Holding, 196 A.D.2d 812; see also, Long Is. Sav. Bank v Denkensohn, 222 A.D.2d 659; Johnson v. Gaughan, 128 A.D.2d 756).

The appellants' remaining contentions are either not properly before this Court, as they are raised for the first time on appeal ( see, Green Point Sav. Bank v. Oppenheim, 217 A.D.2d 571), or are without merit.

Thompson, J. P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Ometz Realty Corp. v. Edwards

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 468 (N.Y. App. Div. 1997)
Case details for

Ometz Realty Corp. v. Edwards

Case Details

Full title:OMETZ REALTY CORP., as Assignee of TWELFTH RMA PARTNERS, L.P., Respondent…

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 468 (N.Y. App. Div. 1997)
665 N.Y.S.2d 908

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