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CHASE MANHATTAN BANK v. MARTINEZ

292 A.D.2d 166 (2002)

738 N.Y.S.2d 205

CHASE MANHATTAN BANK, as Trustee, Appellant, v. MARIA I. MARTINEZ, Respondent, et al., Defendants.

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

Decided March 5, 2002.

Plaintiff's summary judgment motion in this mortgage foreclosure action was properly denied, since plaintiff mortgage holder failed to meet its burden to demonstrate defendant-respondent mortgagor's default under the subject mortgage (see, Staten Is. Sav. Bank v Carnival, 39 A.D.2d 779). Plaintiff, inter alia, failed to produce a statement of account showing defendant-respondent to be in default. Moreover, defendant-respondent's...

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