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FED. HOME LOAN MORTGAGE CORP. v. TORRES

238 A.D.2d 306 (1997)

656 N.Y.S.2d 297

Federal Home Loan Mortgage Corporation, Respondent, v. Martha C. Torres et al., Defendants, and Edward S. Raskin et al., Appellants

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

April 7, 1997

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

The plaintiff's prior motion for summary judgment was denied because the plaintiff failed to include a legible copy of an assignment of the mortgage in question, and failed to include an affidavit by a person with knowledge attesting to the default of the mortgagor. Under the circumstances of this case, the court properly exercised its discretion in...

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