Legal Opinion

Ocwen Federal Bank FSB v. Miller

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

Decided May 9, 2005PublishedCited by 7 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Jeffrey Miller and Elizabeth Miller appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered August 27, 2003, as granted those branches of the plaintiffs motion which were for summary judgment on the complaint insofar as asserted against them and dismissing their counterclaims, and for the appointment of a referee.

Ordered that the order is affirmed insofar as appealed from, with costs.

To establish a prima facie case in an action to foreclose a mortgage, the plaintiff must…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Mahopac National Bank v. BaisleyAppellate Division of the Supreme Court of the State of New York · 1997
  3. Miller Planning Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1998
  4. First Union Mortgage Corp. v. FernAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by7 opinions

  1. U.S. Bank, National Ass'n v. SharifAppellate Division of the Supreme Court of the State of New York · 2011
  2. Campaign v. BarbaAppellate Division of the Supreme Court of the State of New York · 2005
  3. Zanfini v. ChandlerAppellate Division of the Supreme Court of the State of New York · 2010
  4. US Bank N.A. v. FlynnNew York Supreme Court · 2010
  5. Balsam v. FioriglioNew York Supreme Court · 2013

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