COUNTRYWIDE FUNDING CORPORATION v. REYNOLDS


282 A.D.2d 569 (2001)

723 N.Y.S.2d 371

COUNTRYWIDE FUNDING CORPORATION, Appellant, v. ANTHONY W. REYNOLDS et al., Respondents, et al., Defendants.

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

Decided April 16, 2001.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment against the respondents. In opposition to the plaintiff's prima facie showing of its entitlement to judgment as a matter of law, the respondents submitted sufficient evidence to raise a triable issue of fact as to whether the mortgage payments that were due in July and August 1993 were paid before the notice to cure dated September 27, 1993...

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