Legal Opinion
Bayview Loan Servicing, LLC v. 254 Church Street, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 2015No. 2013-02590PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendants 254 Church Street, LLC, and James R. Koltz appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated December 24, 2012, which granted the plaintiff’s motion for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
“In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default” (Wells Fargo Bank, N.A. v Webster, 61 AD3d 856, 856 [2009] [internal quotation…
2Cases cited5 opinions
- Wells Fargo Bank, N.A. v. WebsterAppellate Division of the Supreme Court of the State of New York · 2009
- Independence Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 2013
- Mendel Group, Inc. v. PrinceAppellate Division of the Supreme Court of the State of New York · 2014
- Wells Fargo Bank, National Ass'n v. DeSouzaAppellate Division of the Supreme Court of the State of New York · 2015
- One West Bank, FSB v. DiPilatoAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by6 opinions
- Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank National Ass'n Ex Rel. SASCO 2006-BC3 Trust Fund v. GodwinAppellate Division of the Supreme Court of the State of New York · 2016
- Prompt Mortgage Providers of North America, LLC v. SinghAppellate Division of the Supreme Court of the State of New York · 2015
- North American Savings Bank, FSB v. Esposito-ComoAppellate Division of the Supreme Court of the State of New York · 2016
- Josovich v. CeylanAppellate Division of the Supreme Court of the State of New York · 2015
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