Eastern Savings Bank, FSB v. Sassouni
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the mortgage, the unpaid note, and evidence of default (see Wells Fargo Bank, N.A. v Webster, 61 AD3d 856 [2009]; Aames Funding Corp. v Houston, 44 AD3d 692, 693 [2007]; Republic Natl. Bank of N.Y. v O’Kane, 308 AD2d 482 [2003]; Village Bank v Wild Oaks Holding, 196 AD2d 812 [1993]). Accordingly, it was incumbent on the appellants to produce evidentiary proof in admissible form sufficient to demonstrate the existence of a triable issue of fact as to a bona fide defense (see State…
2Cases cited7 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
- Wells Fargo Bank, N.A. v. WebsterAppellate Division of the Supreme Court of the State of New York · 2009
- Republic National Bank v. O'KaneAppellate Division of the Supreme Court of the State of New York · 2003
- Aames Funding Corp. v. HoustonAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Solomon v. BurdenAppellate Division of the Supreme Court of the State of New York · 2013
- Wells Fargo Bank v. KarlaAppellate Division of the Supreme Court of the State of New York · 2010
- Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)United States Bankruptcy Court, S.D. New York · 2015
- Aurora Loan Services, LLC v. EnawAppellate Division of the Supreme Court of the State of New York · 2015
- Northeast Industrial Development Corp. v. ParkStone Capital Partners, LLC (In re Northeast Industrial Development Corp.)United States Bankruptcy Court, S.D. New York · 2014
2 more not listed; retrieve them via the Exa API.