Legal Opinion
Dinardo v. Patcam Service Station, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1996PublishedCited by 12 opinions
1Opinion of the Court
"It is settled that 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 * * * When a plaintiff does so, it is incumbent upon the defendant to assert any defenses which could properly raise a viable question of fact as to [the] default” (Village Bank v Wild Oaks Holding, 196 AD2d 812). We agree with the Supreme Court that the appellants’ allegations concerning, inter alia, lack of consideration, were insufficient to create a triable issue of fact…
2Cases cited3 opinions
- Village Bank v. Wild Oaks Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Kaplansky v. KaplanskyAppellate Division of the Supreme Court of the State of New York · 1995
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by12 opinions
- Wells Fargo Bank, N.A. v. CohenAppellate Division of the Supreme Court of the State of New York · 2011
- Republic National Bank v. O'KaneAppellate Division of the Supreme Court of the State of New York · 2003
- Lavi v. HamedaniAppellate Division of the Supreme Court of the State of New York · 1996
- Wells Fargo Bank Minnesota v. PerezAppellate Division of the Supreme Court of the State of New York · 2007
- First Union National Bank v. WestonAppellate Division of the Supreme Court of the State of New York · 1999
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