Miller Planning Corp. v. Wells
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated April 21, 1997, as denied its motion for summary judgment and the appointment of a Referee.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs motion is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
The plaintiff established its entitlement to judgment as a matter of law by submitting proof of the existence of the mortgage and mortgage note, and evidentiary…
2Cases cited11 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Band Realty Co. v. North Brewster, Inc.New York Court of Appeals · 1975
- Klapper v. Integrated Agricultural Management Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Bloom v. Trepmal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Bloom v. Trepmal Construction Corp.New York Court of Appeals · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
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- Hoffman v. KrausAppellate Division of the Supreme Court of the State of New York · 1999
- Bristol Investment Fund, Inc. v. Carnegie International Corp.District Court, S.D. New York · 2003
- Hicki v. Choice Capital Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- First Union Mortgage Corp. v. FernAppellate Division of the Supreme Court of the State of New York · 2002
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