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DELTA FUNDING CORPORATION v. YAEDE

268 A.D.2d 554 (2000)

702 N.Y.S.2d 854

DELTA FUNDING CORPORATION, Respondent, v. RAYMOND A. YAEDE, Defendant, and ELAINE MARTA, as Executor of WINIFRED YAEDE, Deceased, Appellant.

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

Decided January 31, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff established its entitlement to judgment as a matter of law by submitting proof of the existence of the mortgage and mortgage note, and evidentiary proof of the mortgagor's default in payment (see, Kowalski Enters. v Sem Intl., 250 A.D.2d 648; Lavi v Hamedani, 234 A.D.2d 428). The appellant failed to establish the existence...

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