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COMBINED VENTURES, LLC v. FISKE HOUSE APT. CORP.

48 A.D.3d 399 (2008)

849 N.Y.S.2d 796

COMBINED VENTURES, LLC, Respondent, v. FISKE HOUSE APT. CORP. et al., Defendants, and KAREN V.M. SMITH, Appellant.

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

Decided February 5, 2008.

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

The plaintiff mortgagee satisfied its burden of demonstrating its entitlement to judgment as a matter of law by producing evidence of the mortgage debt and the mortgagor's default, including an acknowledgment of the unpaid debt by the principal of the mortgagee (see Aames Funding Corp. v Houston, 44 A.D.3d 692 [2007]; Countrywide Funding Corp. v Reynolds...

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