DEUTSCHE BANK NATIONAL TRUST COMPANY v. GORDON

4951, 7706/07.

84 A.D.3d 443 (2011)

922 N.Y.S.2d 66

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for First Franklin Mortgage Loan Trust 2006-FF4, Mortgage Pass-Through Certificates, Series 2006-FF4, Appellant, v. SONIA GORDON, Sued Herein as JOHN DOE, Respondent, et al., Defendants.

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

Decided May 3, 2011.


By submitting proof of the existence of a mortgage and of default, plaintiff, as assignee of the lender, First Franklin Mortgage Loan Trust, established a prima facie case for foreclosure (Bank Leumi Trust Co. of N.Y. v Lightning Park, 215 A.D.2d 246 [1995]; Chemical Bank v Broadway 55-56th St. Assoc., 220 A.D.2d 308 [1995]). In opposition, Gordon failed to raise a triable issue of fact...

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