CHARTER ONE BANK, FSB v. LEONE


45 A.D.3d 958 (2007)

845 N.Y.S.2d 513

CHARTER ONE BANK, FSB, Respondent, v. JOSEPH D. LEONE, Defendant, and ROSE D. LEONE, Also Known as DEBORAH ROSE, Appellant.

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

Decided November 1, 2007.


Mugglin, J.

In this mortgage foreclosure action, defendant argues that Supreme Court's grant of summary judgment to plaintiff was inappropriate because (1) plaintiff failed to provide notice of acceleration of payments prior to commencement of the foreclosure action, (2) plaintiff did not establish a prima facie entitlement to summary judgment, and (3) issues of fact exist. We find each assertion to be without merit and affirm.

First, where, as here, a mortgage...

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