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MIDFIRST SAV. & LOAN ASS'N v. JAMES

224 A.D.2d 498 (1996)

638 N.Y.S.2d 353

Midfirst Savings & Loan Association, Respondent, v. Jasmine James, Appellant

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

February 13, 1996

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

Although the plaintiff made a prima facie showing that the defendant had failed to make payments in accordance with the terms of her note and mortgage, the defendant thereafter carried her burden of establishing the existence of triable issues of fact as to whether it was the negligent and otherwise improper...

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