TANEN v. BENARESH


201 A.D.2d 398 (1994)

607 N.Y.S.2d 664

Reni Tanen, Respondent, v. Bahram Benaresh, Appellant, et al., Defendant

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

February 22, 1994


The IAS Court properly granted summary judgment to plaintiff mortgagee. Plaintiff established, by documentary evidence, that defendant had defaulted on scheduled payments of obligations for which he was personally liable and which were secured by the subject consolidated mortgage. By contrast, defendant failed to come forward with adequate proof in admissible form to require a trial of material issues of fact as to the opposing claims of overreaching and undue influence on...

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