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BOWERY SAV. BANK v. 130 EAST 72ND ST. REALTY CORP.

173 A.D.2d 364 (1991)

Bowery Savings Bank, Respondent, v. 130 East 72nd Street Realty Corp., Appellant, et al., Defendants

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

May 23, 1991

In this action to foreclose a mortgage, defendant 130 East 72nd Street Realty Corp. admitted the execution of the documents relied upon by plaintiff, the corporation's obligation to pay, default in the payment of principal, interest, and taxes, and the existence of the mortgages giving a first lien upon the subject property. Based upon these admissions, which cured the deficiencies in plaintiff's moving papers, the bank established a prima facie right to payment, which...

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