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WELLS FARGO BANK, N.A. v. CHARLAFF

2014-02183, Index No. 23642/09.

134 A.D.3d 1099 (2015)

24 N.Y.S.3d 317

2015 NY Slip Op 09673

WELLS FARGO BANK, N.A., as Trustee for ABFC 2006-OPT2 TRUST, ABFC ASSET BACKED CERTIFICATES, SERIES 2006-OPT2, Respondent, v. DAVID CHARLAFF, Also Known as DAVID S. CHARLAFF, Defendant/Third-Party Plaintiff-Appellant, and CYNTHIA KOURIL, Appellant, et al., Defendants. MOSS CODILIS, LLP, Third-Party Defendant, and AHMSI, INC., Third-Party Defendant-Respondent.

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

Decided December 30, 2015.

Ordered that the order is affirmed, with costs.

"Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default" (Deutsche Bank Natl. Trust Co. v Abdan, 131 A.D.3d 1001, 1002 [2015] [internal quotation marks omitted]; see HSBC Bank, USA v Hagerman, 130 A.D.3d...

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