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JPMCC 2007-CIBC19 BRONX APARTMENTS, LLC v. FORDHAM FULTON LLC

5137, 381025/09.

84 A.D.3d 613 (2011)

922 N.Y.S.2d 779

JPMCC 2007-CIBC19 BRONX APARTMENTS, LLC, Appellant, v. FORDHAM FULTON LLC et al., Respondents, et al., Defendants.

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

Decided May 19, 2011.

Plaintiff established prima facie its right to foreclosure by producing the mortgage and the note, which was unpaid, and uncontroverted evidence that defendants had made no payments as of February 1, 2009; defendants failed to raise an issue of fact as to any defense to foreclosure (see Hypo Holdings v Chalasani, 280 A.D.2d 386 [2001], lv denied 96 N.Y.2d 717 [2001]; Marine Midland Bank v Fillippo,

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