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BANK LEUMI TRUST CO. OF NEW YORK v. LIGHTNING PARK, INC.

215 A.D.2d 246 (1995)

626 N.Y.S.2d 202

Bank Leumi Trust Company of New York, Respondent, v. Lightning Park, Inc., Appellant, et al., Defendants

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

May 18, 1995

A mortgagee establishes a prima facie case for foreclosure by production of the mortgage documents and proof of default (Village Bank v Wild Oaks Holding, 196 A.D.2d 812). Contrary to defendant's contentions there is no requirement that where, as here, the mortgage debt has been guaranteed, the mortgagee must also allege that the guarantor was given notice of the default and failed to cure...

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