Legal Opinion

Barcov Holding Corp. v. Bexin Realty Corp.

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

Decided March 24, 2005PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered on or about July 12, 2004, summarily granting foreclosure, awarding plaintiff the principal sum of $148,367.69, directing sale of the mortgaged premises and severing the issue of attorney’s fees for trial, unanimously affirmed, with costs.

*283Plaintiff established prima facie entitlement to summary foreclosure by submitting proof of both ownership of the mortgage and default thereon by defendant Bexin, the mortgagor (see Greater N.Y. Sav. Bank v 2120 Realty, 202 AD2d 248 [1994]). It was then incumbent upon Bexin to come…

2Cases cited3 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Greater New York Savings Bank v. 2120 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Bexin Realty Corp. v. 348 Lucky Corp.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Household Finance Realty Corp. v. WinnAppellate Division of the Supreme Court of the State of New York · 2005
  2. Moore v. EvansAppellate Division of the Supreme Court of the State of New York · 2012

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