Legal Opinion

Fennell v. Kelsey

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

Decided January 19, 1999Published

1Opinion of the Court

—In an action to foreclose a mortgage, the defendant Mary Anne Kelsey appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered November 3, 1997, which, inter alia, granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that the plaintiffs established their entitlement to summary judgment and that the appellant’s alleged defenses were insufficient to give rise to an issue of fact (see, Bank of Smithtown v Bogliano, 254 AD2d 319; Wasserman v Harriman, 234 AD2d 596; FGH Realty Credit…

2Cases cited5 opinions

  1. Johnson v. GaughanAppellate Division of the Supreme Court of the State of New York · 1987
  2. Crest/Good Manufacturing Co. v. BaumannAppellate Division of the Supreme Court of the State of New York · 1990
  3. FGH Realty Credit Corp. v. VRD Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Wasserman v. HarrimanAppellate Division of the Supreme Court of the State of New York · 1996
  5. Bank of Smithtown v. BoglinoAppellate Division of the Supreme Court of the State of New York · 1998

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