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HOME SAV. BANK v. SCHORR BROS. DEV. CORP.

213 A.D.2d 512 (1995)

624 N.Y.S.2d 53

Home Savings Bank, Respondent, v. Schorr Brothers Development Corp. et al., Appellants, et al., Defendants

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

March 20, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

In its motion for summary judgment, the plaintiff established its case as a matter of law through the production of the mortgages and the unpaid notes. The appellants were then required to assert any defenses which would raise a question of fact concerning their default on the mortgages (see, Marine Midland Bank v Freedom Rd. Realty Assocs...

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