Legal Opinion

Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates

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

Decided January 23, 1995Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Brooke Associates appeals from an order of the Supreme Court, Nassau County (Molloy, J.), entered July 16, 1993, which granted the plaintiffs motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff established its prima facie entitlement to summary judgment by offering proof of the existence of a mortgage and the defendant’s default thereon. Thus, upon the defendant’s failure to establish, by admissible evidence, that a triable issue of fact existed, the Supreme Court properly granted the plaintiffs motion…

2Cases cited1 opinion

  1. Prudential Insurance Co. of America v. Hamilton Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1994

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