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ENDEAVOR FUNDING CORP. v. ALLEN

9089, 106712/07, 590557/09.

102 A.D.3d 593 (2013)

958 N.Y.S.2d 300

2013 NY Slip Op 426

ENDEAVOR FUNDING CORP., Respondent, v. OLLIE ALLEN et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided January 29, 2013.

By submitting proof of the existence of a mortgage and of default, plaintiff established a prima facie case for foreclosure. In opposition, defendant failed to raise a triable issue of fact as to plaintiff's involvement in a fraud in connection with the refinancing transaction (see Deutsche Bank Natl. Trust Co. v Gordon, 84 A.D.3d 443 [1st Dept 2011]).

The formation of Ollie Allen Holding Company, LLC was not defective, and...

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