Legal Opinion
Chase Lincoln First Bank, N.A. v. Dietrick
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 5 opinions
1Opinion of the Court
Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs motion seeking summary judgment on its complaint and dismissal of defendant’s answer and counterclaim in this mortgage foreclosure action. Plaintiff’s documentary evidence established the existence of a valid mortgage, and defendant admitted that there is an unpaid balance past due on that mortgage. Therefore, plaintiff made a prima facie showing of entitlement to summary judgment on its complaint (see, Marine Midland Bank v Cafferty, 174 AD2d…
2Cases cited4 opinions
- Marine Midland Bank, N.A. v. CaffertyAppellate Division of the Supreme Court of the State of New York · 1991
- Snyder v. PotterAppellate Division of the Supreme Court of the State of New York · 1988
- Northeast Savings v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990
- Northeast Savings, F. A. v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- Cohen v. ColistraAppellate Division of the Supreme Court of the State of New York · 1996
- Rivermist Ass'n v. DavisAppellate Division of the Supreme Court of the State of New York · 1998
- Trustco Bank v. Allison AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
- Trustco Bank, National Ass'n v. Victoria AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
- Manufacturers & Traders Trust Co. v. TommellNew York Supreme Court · 1994