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EAST NEW YORK SAV. BANK v. 924 COLUMBUS ASSOCS.

216 A.D.2d 118 (1995)

628 N.Y.S.2d 642

East New York Savings Bank, Respondent, v. 924 Columbus Associates, L.P., Appellant, et al., Defendants

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

June 20, 1995

In this mortgage foreclosure action, the unrefuted documentary evidence conclusively establishes the mortgage as well as the default, plaintiff's right to seek foreclosure on that basis and the lack of conditions impeding that right (First Natl. Bank v J. & J. Milano, 160 A.D.2d 670, lv denied 76 N.Y.2d 702; Snyder v Potter, 134 A.D.2d 664). Thus, plaintiff has established, prima...

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