Legal Opinion

JP Morgan Chase Bank, N.A. v. Salmon

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

Decided October 26, 2017No. 4812 380838/11PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 18, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for leave to renew its motion for summary judgment, unanimously affirmed, with costs.

Even if the reason that the affidavit submitted by plaintiff’s servicing agent was not offered on the original motion was sufficient (see Mattis v Keen, Zhao, 54 AD3d 610, 612 [1st Dept 2008]), plaintiff did not establish its prima facie entitlement to judgment as a matter of law since it failed to demonstrate proof of mailing and,…

2Cases cited4 opinions

  1. Flagstar Bank, FSB v. JambelliAppellate Division of the Supreme Court of the State of New York · 2016
  2. Bank of New York Mellon v. AquinoAppellate Division of the Supreme Court of the State of New York · 2015
  3. Aames Capital Corp. v. FordAppellate Division of the Supreme Court of the State of New York · 2002
  4. Rivera v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Deutsche Bank Natl. Trust Co. v. DesilvaAppellate Division of the Supreme Court of the State of New York · 2019
  2. Miss Jones LLC v. StilesDistrict Court, S.D. New York · 2020
  3. Richards v. MitchellAppellate Division of the Supreme Court of the State of New York · 2019

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