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METRO. DISTRIBUTION SERVS., INC. v. DiLASCIO

176 A.D.2d 312 (1991)

Metropolitan Distribution Services, Inc., Respondent, v. Richard DiLascio, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 1991

Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, we find that the Supreme Court properly awarded summary judgment to the plaintiff. In support of its motion for summary judgment, the plaintiff established its case as a matter of law through the production of the mortgage and the unpaid note (see, Marton Assocs. v Vitale, 172 A.D.2d 501). It was thus incumbent upon the appellant...

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