CITIMORTGAGE, INC. v. ROCKEFELLER

2015-10312, 2015-10313, Index No. 11485/11.

155 A.D.3d 998 (2017)

63 N.Y.S.3d 868

2017 NY Slip Op 08348

CITIMORTGAGE, INC., Successor by Merger to ABN AMRO MORTGAGE GROUP, INC., Respondent, v. DENNIS ROCKEFELLER, Also Known as DENNIS D. ROCKEFELLER, Appellant, et al., Defendants.

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

Decided November 29, 2017.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Generally, a plaintiff in a mortgage foreclosure action is entitled to summary judgment if it establishes the existence of a mortgage, an unpaid note, and the defendant's default, and the defendant fails to raise a triable issue of fact in opposition (see Midfirst Bank v Agho, 121 A.D.3d 343, 347 [2014]; Swedbank, AB, N.Y. Branch v Hale...

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