ROSSROCK FUND II, L.P. v. OSBORNE

2009-07645.

82 A.D.3d 737 (2011)

918 N.Y.S.2d 514

ROSSROCK FUND II, L.P., Respondent, v. GEORGE R. OSBORNE et al., Appellants, et al., Defendants.

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

Decided March 1, 2011.


Ordered that the appeal by the defendant Patrisha Osborne is dismissed as abandoned (see 22 NYCRR 670.8 [a]); and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

"[I]n moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and...

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