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IMC MORTGAGE COMPANY v. GRIGGS

289 A.D.2d 294 (2001)

733 N.Y.S.2d 918

IMC MORTGAGE COMPANY, Appellant, v. AMY GRIGGS, Also Known as AMY L. GRIGGS, Respondent, et al., Defendant.

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

Decided December 10, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by producing the mortgage and note, and submitting proof of non-payment (see, North Fork Bank v Hamptons Mist Mgt. Corp., 225 A.D.2d 596). In response, the defendant mortgagor, Amy Griggs, a/k/a Amy L. Griggs, submitted an affidavit of her sister...

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