LPP MORTGAGE, LTD. v. THE CARD CORP.


17 A.D.3d 103 (2005)

793 N.Y.S.2d 346

LPP MORTGAGE, LTD., Formerly Known as LOAN PARTICIPANT PARTNERS LTD., Respondent, v. THE CARD CORP., Appellant.

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

April 5, 2005.


Plaintiff presented a prima facie right to foreclosure by producing the mortgage documents and undisputed evidence of defendant's nonpayment (see Hypo Holdings v Chalasani, 280 A.D.2d 386 [2001], lv denied 96 N.Y.2d 717 [2001]). In opposition, defendant failed to establish the existence of a triable issue of fact. Although defendant challenges the authority of its agent to apply for a disaster loan from the Small Business...

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