Legal Opinion
Campaign v. Barba
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 2005PublishedCited by 33 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated November 10, 2004, which denied, without prejudice to renewal, his motion for summary judgment on the issue of liability against the defendant Rosalie Barba.
Ordered that the order is affirmed, with costs.
To establish a prima facie case in an action to foreclose a mortgage, the plaintiff must establish the existence of the mortgage and mortgage note, ownership of the mortgage, and the defendant’s default in payment (see Household Fin. Realty Corp. of N.Y. v Winn, 19…
2Cases cited4 opinions
- Household Finance Realty Corp. v. WinnAppellate Division of the Supreme Court of the State of New York · 2005
- U.S. Bank Trust National Ass'n Trustee v. ButtiAppellate Division of the Supreme Court of the State of New York · 2005
- Sears Mortgage Corp. v. YaghobiAppellate Division of the Supreme Court of the State of New York · 2005
- Ocwen Federal Bank FSB v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by33 opinions
- Gustavia Home, LLC v. BentDistrict Court, E.D. New York · 2018
- Wells Fargo Bank, N.A. v. CohenAppellate Division of the Supreme Court of the State of New York · 2011
- Northwestern Mutual Life Insurance v. Uniondale Realty AssociatesNew York Supreme Court · 2006
- Zanfini v. ChandlerAppellate Division of the Supreme Court of the State of New York · 2010
- Mortgage Electronic Registration Systems, Inc. v. McDuffieAppellate Division of the Supreme Court of the State of New York · 2006
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