HSBC BANK USA, NA v. SCHWARTZ

2010-04273.

88 A.D.3d 961 (2011)

931 N.Y.S.2d 528

2011 NY Slip Op 7608

HSBC BANK USA, NA, as Trustee for the REGISTERED HOLDERS OF ACE SECURITIES CORP., HOME EQUITY LOAN TRUST, SERIES 2004-FM2, Respondent, v. SAMUEL SCHWARTZ, Appellant, et al., Defendants.

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

Decided October 25, 2011.


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

The Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the appellant and to dismiss his answer and counterclaims. The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting a mortgage, an unpaid note, and an affidavit of its employee, who averred that she reviewed...

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