RCR SERVS. INC. v. HERBIL HOLDING CO.


229 A.D.2d 379 (1996)

645 N.Y.S.2d 76

RCR Services Inc., Doing Business as Mortgage Default Services Company, Respondent, v. Herbil Holding Co., Appellant, et al., Defendants

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

July 1, 1996


Ordered that the order is affirmed, with costs.

The plaintiff commenced this foreclosure action against, inter alia, the defendant Herbil Holding Co. (hereinafter Herbil) to foreclose a mortgage. "It is settled that in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default * * * When a plaintiff does so, it is incumbent...

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