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MARINE MIDLAND BANK v. FILLIPPO

276 A.D.2d 601 (2000)

714 N.Y.S.2d 906

MARINE MIDLAND BANK, Respondent, v. MARILYN FILLIPPO, Appellant, and CARMINE FILLIPPO et al., Defendants.

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

Decided October 16, 2000.

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

The plaintiff established its entitlement to summary judgment as a matter of law by submitting the mortgage, a stipulation in which the appellant ratified the mortgage, and proof of nonpayment of the loan (see, LBV Props. v Greenport Dev. Co., 188 A.D.2d 588, 589). The appellant's conclusory and unsubstantiated assertions in opposition to the motion...

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