Legal Opinion

Cendant Mortgage Corp. v. Packes

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

Decided February 13, 2007Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Rockland County (Nelson, J.), dated September 3, 2005, which granted the plaintiffs motion for summary judgment dismissing the counterclaims.

Ordered that the order is affirmed, with costs.

The plaintiff, Cendant Mortgage Corporation (hereinafter Cendant), as lender, extended a loan to the defendant in connec*516tion with the purchase of the subject property which was guaranteed by a mortgage on the subject property. Cendant commenced this action to foreclose the mortgage, and the defendant asserted…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Kimmell v. SchaeferNew York Court of Appeals · 1996
  3. River Glen Associates, Ltd. v. Merrill Lynch Credit Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Cuomo v. Mahopac National BankAppellate Division of the Supreme Court of the State of New York · 2004
  5. M & T Mortgage Corp. v. AlleyneAppellate Division of the Supreme Court of the State of New York · 2004

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