Rose v. Levine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*801In an action to foreclose three mortgages, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 8, 2007, as denied his motion for summary judgment.
Ordered that the order is affirmed insofar as appealed from, with costs.
“In order to establish its prima facie entitlement to summary judgment in a foreclosure action, a plaintiff must submit the mortgage and unpaid note, along with evidence of default” (US. Bank Natl. Assn. TR U/S 6/01/98 [Home Equity Loan Trust 1998-2] v Alvarez, 49 AD3d 711, 711 [2008];…
2Cases cited6 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Mahopac National Bank v. BaisleyAppellate Division of the Supreme Court of the State of New York · 1997
- Hoffman v. KrausAppellate Division of the Supreme Court of the State of New York · 1999
- U.S. Bank National Ass'n v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2008
- Levine v. LevineAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by8 opinions
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- Bank of N.Y. Mellon v. WeberAppellate Division of the Supreme Court of the State of New York · 2019
- Cassara v. WynnAppellate Division of the Supreme Court of the State of New York · 2008
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