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WELLS FARGO BANK, N.A. v. ROONEY

2013-06603, 2013-06607, 2013-11299, Index No. 10167/09.

132 A.D.3d 980 (2015)

19 N.Y.S.3d 543

2015 NY Slip Op 07833

WELLS FARGO BANK, N.A., Respondent, v. TIMOTHY M. ROONEY, Appellant, et al., Defendants.

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

Decided October 28, 2015.

Ordered that the first order dated April 15, 2013, and the order dated August 28, 2013, are affirmed insofar as appealed from; and it is further,

Ordered that the second order dated April 15, 2013, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

"`In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage...

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