PETRA CRE CDO 2007-1, LTD. v. 160 JAMAICA OWNERS, LLC

2009-08675

73 A.D.3d 883 (2010)

904 N.Y.S.2d 699

PETRA CRE CDO 2007-1, LTD., Respondent, v. 160 JAMAICA OWNERS, LLC, et al., Appellants, et al., Defendants.

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

Decided May 11, 2010.


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

The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting proof of the existence of the mortgage, the unpaid note, and the appellants' default in payment (see Republic Natl. Bank of N.Y. v O'Kane, 308 A.D.2d 482 [2003]; Village Bank v Wild Oaks Holding, 196 A.D.2d 812

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