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THORNTON v. CITIBANK

226 A.D.2d 162 (1996)

640 N.Y.S.2d 110

Christine M. Thornton, Appellant, v. Citibank, N. A., et al., Respondents

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

April 9, 1996

Summary judgment was properly granted to defendants upon a prima facie showing of entitlement where plaintiff failed to produce evidentiary proof of the existence of material issues of fact (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Accommodations by the bank allowing a few late payments were insufficient to demonstrate a waiver of strict adherence to the requirements of the loan documents (see, Southold...

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