SEARS MORTGAGE CORPORATION v. YAGHOBI


19 A.D.3d 402 (2005)

796 N.Y.S.2d 392

SEARS MORTGAGE CORPORATION, Respondent, v. SHAHROKH R. YAGHOBI, Appellant, et al., Defendants.

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

June 6, 2005.


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion for summary judgment. The plaintiff demonstrated, prima facie, that it was the holder of the subject mortgage, that the appellant was in default, and that it notified the appellant of his default pursuant to the terms of the mortgage. Moreover, the appellant admitted in his verified answer that the plaintiff held the mortgage at the time of the default...

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