Zanfini v. Chandler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), entered February 17, 2010, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs to the respondent Garnette Shay Chandler.
“Entitlement to a judgment of foreclosure may be established, as a matter of law, where a mortgagee produces both the mortgage and unpaid note, together with evidence of the mortgagor’s default, thereby shifting the burden to the *1032mortgagor to demonstrate, through both competent and…
2Cases cited9 opinions
- Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
- Campaign v. BarbaAppellate Division of the Supreme Court of the State of New York · 2005
- Abir v. Malky, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- HSBC Bank USA v. MerrillAppellate Division of the Supreme Court of the State of New York · 2007
- Household Finance Realty Corp. v. WinnAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by10 opinions
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- LaSalle Bank, N.A. v. PaceNew York Supreme Court · 2011
- Sudit v. RothAppellate Division of the Supreme Court of the State of New York · 2012
- Grodsky v. MooreAppellate Division of the Supreme Court of the State of New York · 2016
5 more not listed; retrieve them via the Exa API.