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SUNKYUNG LLC v. PORTO RESOURCES, LLC

2367, 850123/12.

145 A.D.3d 444 (2016)

2016 NY Slip Op 08117

41 N.Y.S.3d 707

SUNKYUNG LLC, as Assignee of BPD Bank, Appellant, v. PORTO RESOURCES, LLC, et al., Respondents, et al., Defendants.

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

Decided December 1, 2016.

In this mortgage foreclosure action, plaintiff failed to submit uncontroverted evidence that defendants-respondents defaulted under the mortgage agreement (see JPMCC 2007-CIBC19 Bronx Apts., LLC v Fordham Fulton LLC, 84 A.D.3d 613 [1st Dept 2011]). Issues of fact are presented by the June 18, 2012 letter from plaintiff's predecessor in interest (the bank) to defendant Joseph Porto setting forth the structure of the new loan term...

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