Legal Opinion

Gro-Wit Capital, Ltd. v. Obigor, LLC

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

Decided October 24, 2006PublishedCited by 7 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated December 16, 2005, which denied its motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting a mortgage, a note, a stipulation ratifying the mortgage as modified thereby (hereinafter the stipulation), and proof of nonpayment of the note (see Marculescu v Ovanez, 27 AD3d 701 [2006];…

2Cases cited7 opinions

  1. LBV Properties v. Greenport Development Co.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Mahon v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Marculescu v. OvanezAppellate Division of the Supreme Court of the State of New York · 2006
  4. Marine Midland Bank v. FillippoAppellate Division of the Supreme Court of the State of New York · 2000
  5. Maury v. MauryAppellate Division of the Supreme Court of the State of New York · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hannigan v. HanniganAppellate Division of the Supreme Court of the State of New York · 2008
  2. Fugazy v. FugazyAppellate Division of the Supreme Court of the State of New York · 2007
  3. Cadle Co. II, Inc. v. McLeanAppellate Division of the Supreme Court of the State of New York · 2007
  4. Gro-Wit Capital, Ltd. v. Obigor, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  5. In re Estate of StegerAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

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