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FORTRESS CREDIT CORP. v. HUDSON YARDS, LLC

3699, 601579/08.

78 A.D.3d 577 (2010)

912 N.Y.S.2d 41

FORTRESS CREDIT CORP. et al., Respondents, v. HUDSON YARDS, LLC, et al., Defendants, and BARUCH SINGER, Appellant.

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

Decided November 23, 2010.

Plaintiffs met their prima facie burden by producing the mortgage documents and undisputed evidence of default, namely, nonpayment and a transfer of the mortgaged property without plaintiffs' prior consent; in addition, plaintiffs showed that defendant signed a personal guaranty as additional collateral for the note. Thus, the burden shifted to defendant to raise a triable issue of fact regarding his affirmative defenses to foreclosure...

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