Washington Mutual Bank, F.A. v. O'Connor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), entered April 22, 2008, which denied its motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendants Terrence C. O’Connor and Sheila K. O’Connor and for the appointment of a referee.
*833Ordered that the order is reversed, on the law, with costs payable by the respondents, and the plaintiffs motion is granted.
The plaintiff established its prima facie entitlement to judgment as a matter of law by presenting the mortgage and unpaid note,…
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