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CAPITAL INVESTMENT COMPANY v. CUFFEE

256 A.D.2d 295 (1998)

681 N.Y.S.2d 760

CAPITAL INVESTMENT COMPANY, Respondent, v. JAMES E. CUFFEE, Also Known as JIM CUFFEE, Appellant, et al., Defendants.

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

Decided December 7, 1998.

Ordered that the order is affirmed, with costs.

The appellant does not contest that he defaulted in the repayment of the subject loan. Moreover, the plaintiff presented evidentiary proof in admissible form which established its cause of action for foreclosure against the appellant, based upon the appellant's indebtedness of $175,630.38 plus interest, various taxes, and expenses (see, Zuckerman v City of New York,

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