Norwest Bank Minnesota v. Sabloff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*723The Supreme Court improperly granted those branches of the plaintiff’s motion which were for summary judgment and appointment of a referee to ascertain and compute the amount due on a note and mortgage. The proponent of a motion for summary judgment bears the initial burden of making a “prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324; see Ratona v Low, 226 AD2d 433). Contrary to the plaintiff’s contention, it failed to demonstrate that the…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Engel v. LightermanNew York Court of Appeals · 1984
- Menzel v. PlotnickAppellate Division of the Supreme Court of the State of New York · 1994
- Katona v. LowAppellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Wells Fargo Bank, N.A. v. OsiasAppellate Division of the Supreme Court of the State of New York · 2017
- Bank of New York Mellon v. DeaneNew York Supreme Court · 2013
- Nationstar Mortgage, LLC v. DimuraAppellate Division of the Supreme Court of the State of New York · 2015
10 more not listed; retrieve them via the Exa API.