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WITELSON v. JAMAICA ESTATES HOLDING CORP.

56 A.D.3d 328 (2008)

SZLAMA WITELSON, Individually and as Surviving Spouse of DOROTHY WITELSON, et al., Appellants, et al., Plaintiffs, v. JAMAICA ESTATES HOLDING CORP. I, Respondent, et al., Defendants.

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

November 18, 2008.

As plaintiffs failed to establish prima facie on their motion for summary judgment their entitlement to foreclose on the subject mortgage (see 40 A.D.3d 284 [2007]), so they failed to establish their prima facie case at trial. Those plaintiffs who testified had no personal knowledge of their investment in the subject mortgage on the property located at 133 West 136th Street in Manhattan. Neither they nor the attorney who handled...

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