FIRST AM. FUNDING, LLC v. NELSON

2014-04963, Index No. 9045/11.

137 A.D.3d 743 (2016)

25 N.Y.S.3d 891

2016 NY Slip Op 01462

FIRST AMERICAN FUNDING, LLC, Appellant, v. JAMES NELSON et al., Defendants, and CAROL NELSON, Respondent.

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

Decided March 2, 2016.


Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the subject mortgage, the unpaid note, and an affidavit of its employee evidencing the default of the defendant Carol Nelson in her payment obligations under the subject home equity line of credit loan (see Sperry Assoc. Fed...

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