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FRITH v. AFFORDABLE HOMES OF AM., INC.

253 A.D.2d 536 (1998)

676 N.Y.S.2d 513

Sarah Frith et al., Appellants, v. Affordable Homes of America, Inc., et al., Defendants, and T.A.M. Equity Corp., Doing Business as Hometrust Mortgage Bankers, et al., Respondents

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

August 31, 1998

Ordered that the order is affirmed, with costs.

On their motion for summary judgment dismissing the amended complaint, T.A.M. Equity Corp., d/b/a HomeTrust Mortgage Bankers, as well as its vice president Paul Levine, and its loan officer Susan Day (hereinafter the respondents), met their burden of submitting admissible proof that they did not engage in fraud (see, Shui Ching Chan v Bay Ridge Park Hill Realty Co., 213 A.D.2d 467

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