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FIRST NATIONWIDE BANK, FSB v. GOODMAN

272 A.D.2d 433 (2000)

707 N.Y.S.2d 669

FIRST NATIONWIDE BANK, FSB, Respondent, v. ROSALIE O. GOODMAN, Appellant, et al., Defendant.

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

Decided May 15, 2000.

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

EMC Mortgage Corporation (hereinafter EMC), as the plaintiff's assignee, sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting proof of the existence of the mortgage and the default in payment by the appellant, Rosalie Osias Goodman (see, State of N. Y. Mtge. Agency v Lavin, 249 A.D.2d 380; Mahopac...

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