Legal Opinion

Midfirst Savings & Loan Ass'n v. James

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

Decided February 13, 1996Published

1Opinion of the Court

—In an action to foreclose a mortgage on real property, the defendant appeals from an order of the Supreme Court, Kings County (Held, J.), dated June 15, 1992, which granted the plaintiff’s motion for summary judgment.

*499Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment is denied.

Although the plaintiff made a prima facie showing that the defendant had failed to make payments in accordance with the terms of her note and mortgage, the defendant thereafter carried her burden of establishing the existence of triable issues of fact as to…

2Cases cited2 opinions

  1. Greenpoint Savings Bank v. PennolinoAppellate Division of the Supreme Court of the State of New York · 1988
  2. Loan America Financial Corp. v. TalboomNew York Supreme Court · 1994

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