COPPA v. FABOZZI


5 A.D.3d 718 (2004)

773 N.Y.S.2d 604

MARGUERITE COPPA, Respondent, v. PAUL FABOZZI, Appellant, et al., Defendant.

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

March 29, 2004.


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

The mortgagee established her entitlement to judgment as a matter of law by presenting the mortgage, the unpaid mortgage note, and an affidavit attesting to the mortgagors' default (see EMC Mtge. Corp. v Riverdale Assoc., 291 A.D.2d 370 [2002]; Federal Home Loan Mtge. Corp. v Karastathis, 237 A.D.2d 558, 559...

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