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ROSE v. LEVINE

52 A.D.3d 800 (2008)

861 N.Y.S.2d 374

STEVEN ROSE, Appellant, v. JULIE LEVINE et al., Respondents, et al., Defendants.

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

Decided June 24, 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" (U.S. Bank Natl. Assn. TR U/S 6/01/98 [Home Equity Loan Trust 1998-2] v Alvarez, 49 A.D.3d 711, 711 [2008]; see also Hoffman v Kraus, 260 A.D.2d 435...

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