EMC Mortgage Corp. v. Riverdale Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendants River-dale Associates and Harry Monies appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered February 1, 2001, as granted that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
“[I]n moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage,…
2Cases cited9 opinions
- Marine Midland Bank v. FillippoAppellate Division of the Supreme Court of the State of New York · 2000
- Simoni v. Time-Line, Ltd.Appellate Division of the Supreme Court of the State of New York · 2000
- Kowalski Enterprises, Inc. v. Sem International L. L. C.Appellate Division of the Supreme Court of the State of New York · 1998
- Northeast Small Business Investment Corp. v. Waccabuc Investors, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Republic National Bank v. ZitoAppellate Division of the Supreme Court of the State of New York · 2001
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- Household Finance Realty Corp. v. WinnAppellate Division of the Supreme Court of the State of New York · 2005
- JP Morgan Chase Bank, N.A. v. AgnelloAppellate Division of the Supreme Court of the State of New York · 2009
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