Legal Opinion

Raia v. Pototschnig

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 2015No. 14870 113006/09PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (George J. Silver, J.), entered February 21, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on his mortgage foreclosure claim against defendant Hubert Pototschnig, unanimously affirmed, with costs.

Plaintiff established prima facie his right to foreclosure by producing the mortgage documents, undisputed evidence of default, and a personal guaranty of payment of the mortgage note signed by defendant Pototschnig (see Red Tulip, LLC v Neiva, 44 AD3d 204, 209 [1st Dept 2007], lv dismissed 10…

2Cases cited1 opinion

  1. Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. U.S. Bank N.A. v. 1226 Evergreen Bapaz LLCAppellate Division of the Supreme Court of the State of New York · 2024
  2. U.S. Bank N.A. v. 1226 Evergreen Bapaz LLCAppellate Division of the Supreme Court of the State of New York · 2024
  3. Raia v. PototschnigAppellate Division of the Supreme Court of the State of New York · 2019
  4. VNB New York Corp. v. Pisces Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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