Legal Opinion
U.S. Bank Trust National Ass'n Trustee v. Butti
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2005PublishedCited by 17 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Thomas Butti appeals from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), dated August 12, 2003, which, inter alia, upon an order of the same court entered January 17, 2003, granting the plaintiffs motion for summary judgment, directed the sale of the mortgaged premises as a single parcel.
Ordered that the judgment is affirmed, with costs.
“It is settled that in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the…
2Cases cited3 opinions
- State Bank v. FioravantiNew York Court of Appeals · 1980
- Village Bank v. Wild Oaks Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Republic National Bank v. O'KaneAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by17 opinions
- Gustavia Home, LLC v. BentDistrict Court, E.D. New York · 2018
- Campaign v. BarbaAppellate Division of the Supreme Court of the State of New York · 2005
- Argent Mortgage Co. v. MentesanaAppellate Division of the Supreme Court of the State of New York · 2010
- Washington Mutual Bank, F.A. v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 2009
- Neighborhood Housing Services of New York City, Inc. v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2009
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