Legal Opinion

Solomon v. Burden

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

Decided March 20, 2013Published

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated March 5, 2012, which denied their motion for summary judgment on the complaint.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the complaint is granted.

The plaintiffs met their initial burden of establishing their prima facie entitlement to a judgment of foreclosure by producing the mortgage, the note, and evidence of default (see Baron Assoc., LLC v Garcia Group Enters., Inc., 96 AD3d 793, 793…

2Cases cited8 opinions

  1. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  2. Mahopac National Bank v. BaisleyAppellate Division of the Supreme Court of the State of New York · 1997
  3. Citibank, N.A. v. Van Brunt Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. GRP Loan, LLC v. TaylorAppellate Division of the Supreme Court of the State of New York · 2012
  5. M & T Mortgage Corp. v. EthridgeAppellate Division of the Supreme Court of the State of New York · 2002

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