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State of New York Mortgage Agency v. Lavin

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 380 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

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


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion pursuant to CPLR 5015 (a) (1) to vacate an order granting summary judgment in favor of the respondent upon the appellant's default in opposing the motion. On the motion for summary judgment, the respondent demonstrated its entitlement to judgment as a matter of law by submitting, inter alia, a copy of the subject mortgage reciting the relevant terms of the underlying debt as well as the affidavit of an individual who was personally familiar with the mortgage account and who established the respondent's ownership of the mortgage and the appellant's default on the debt ( see, Federal Deposit Ins. Corp. v. Kaye, 224 A.D.2d 578; Citibank v. Pierre, 213 A.D.2d 443; Dime Sav. Bank v. Rand, 204 A.D.2d 261; Snyder v. Potter, 134 A.D.2d 664). On the subsequent motion to vacate her default, the appellant did not contest the accuracy of the respondent's claims, but merely took issue with the adequacy of the documentation submitted by the respondent. Accordingly, she failed to meet her obligation to set forth a meritorious defense to the foreclosure action ( see generally, Kuriansky v. Orvieto, 236 A.D.2d 692; Town of E. Hampton v. Rodriguez, 222 A.D.2d 429; Kyriacopoulos v. Mendon Leasing Corp., 216 A.D.2d 532).

We have considered the appellant's remaining contentions and find them to be without merit.

Rosenblatt, J.P., Miller, Ritter and Sullivan, JJ., concur.


Summaries of

State of New York Mortgage Agency v. Lavin

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 380 (N.Y. App. Div. 1998)
Case details for

State of New York Mortgage Agency v. Lavin

Case Details

Full title:STATE OF NEW YORK MORTGAGE AGENCY, Respondent, v. MARY T. LAVIN…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 380 (N.Y. App. Div. 1998)
671 N.Y.S.2d 498

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