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U.S. BANK NATIONAL ASSOCIATION TR U/S 6/01/98 (HOME EQUITY LOAN TRUST 1998-2) v. ALVAREZ

49 A.D.3d 711 (2008)

854 N.Y.S.2d 171

U.S. BANK NATIONAL ASSOCIATION TR U/S 6/01/98 (HOME EQUITY LOAN TRUST 1998-2), Appellant, v. LINDA ALVAREZ, Respondent.

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

Decided March 18, 2008.

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

In order to establish its prima facie entitlement to summary judgment in a foreclosure action, a plaintiff must submit the mortgage and unpaid note, along with evidence of default (see Hoffman v Kraus, 260 A.D.2d 435, 436 [1999]; Mahopac Natl. Bank v Baisley, 244 A.D.2d 466, 467 [1997]). The burden then shifts...

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