HABC Bank USA, NA v. Schwartz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court properly granted that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against the appellant and to dismiss his answer and counterclaims. The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting a mortgage, an unpaid note, and an affidavit of its employee, who averred that she reviewed the relevant papers and attested to the appellant’s default (see JP Morgan Chase Bank, N.A. v Agnello, 62 AD3d 662, 663 [2009]; Coppa v Fabozzi, 5 AD3d 718 [2004]; EMC Mtge. Corp. v Riverdale Assoc.,…
2Cases cited10 opinions
- Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
- HSBC Bank v. DammondAppellate Division of the Supreme Court of the State of New York · 2009
- Wells Fargo Bank Minnesota, National Ass'n v. PerezAppellate Division of the Supreme Court of the State of New York · 2010
- Countrywide Home Loans, Inc. v. DelphonseAppellate Division of the Supreme Court of the State of New York · 2009
- EMC Mortgage Corp. v. Riverdale AssociatesAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by9 opinions
- Flagstar Bank v. BellafioreAppellate Division of the Supreme Court of the State of New York · 2012
- Seaway Capital Corp. v. 500 Sterling Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Onewest Bank, FSB v. PrinceAppellate Division of the Supreme Court of the State of New York · 2015
- Harris v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2014
- Citimortgage, Inc. v. PembeltonNew York Supreme Court · 2013
4 more not listed; retrieve them via the Exa API.