HSBC BANK USA, N.A. v. ARMIJOS

2015-06086. Index No. 24088/08.

151 A.D.3d 943 (2017)

57 N.Y.S.3d 205

2017 NY Slip Op 05071

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST SERIES 2006-AR5, Respondent, v. MARCO H. ARMIJOS, Appellant, et al., Defendants.

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

Decided June 21, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

To establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the mortgage, the unpaid note, and evidence of default (see Deutsche Bank Trust Co. Ams. v Garrison, 147 A.D.3d 725, 726 [2017]; Deutsche Bank Natl. Trust Co. v Abdan, 131 A.D.3d 1001

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