BANK OF TOKYO-MITSUBISHI TRUST COMPANY v. MEREDITH AVENUE ASSOCIATES


256 A.D.2d 532 (1998)

683 N.Y.S.2d 106

BANK OF TOKYO-MITSUBISHI TRUST COMPANY, Respondent, v. MEREDITH AVENUE ASSOCIATES et al., Appellants, et al., Defendants.

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

Decided December 28, 1998.


Ordered that the order is affirmed insofar as appealed from, with costs, and, upon searching the record, summary judgment is granted to the plaintiff against the appellants dismissing their counterclaims.

In an action to foreclose a mortgage, a plaintiff establishes its right to summary judgment as a matter of law through the production of the mortgage, the unpaid note, and evidence of default. It is then incumbent upon the defendants to raise a viable question of...

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