WATERFALL VICTORIA MASTER FUND, LTD v. DINGILIAN

6904, 113367/08.

92 A.D.3d 593 (2012)

939 N.Y.S.2d 40

2012 NY Slip Op 1372

WATERFALL VICTORIA MASTER FUND, LTD, Respondent, v. EDWARD G. DINGILIAN, Appellant, et al., Defendants.

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

Decided February 23, 2012.


Plaintiff established prima facie its right to foreclosure and to a deficiency judgment against defendant Edward G. Dingilian by producing the mortgage documents underlying the transaction and evidence of nonpayment, which default defendant failed to rebut, as well as the personal guaranty signed by defendant as additional collateral for the mortgage. Defendant failed to raise an issue of fact as to any defense (see Hypo Holdings v

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